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Photographic 

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Corporation 


33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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W, 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


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Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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n 


Coloured  covers/ 
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I      I    Covers  damaged/ 


Couverture  endommagde 

Covers  restored  and/or  laminated/ 
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D 


D 


D 


Tight  binding  may  cause  shadows  or  distortion 
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n 


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This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  reduction  indiqu6  ci-dessous. 

JOX 14X  18X  22X 


26X 


30X 


12X 


»w^' 


20X 


24X 


28X 


3 


32X 


I 


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to  the  generosity  of: 

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Provincial  Archives  of  British  Colufiibia 

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first  page  with  a  printed  or  illustrated  impres- 
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or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ♦►  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
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right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film*  fut  reproduit  grAce  A  la 
g*nArc<it*  de: 

Library  Division 

Provincial  Archives  of  British  Columbia 

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plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettet*  de  I'exempleire  film*,  et  en 
conformit*  avec  les  conditions  dii  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimAe  sont  filmAs  en  commengant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration.  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmAs  en  commengant  par  la 
premiAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
derniAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  A  des  taux  de  rAduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  saul  clichA,  il  est  filmA  A  partir 
de  I'angle  supArieur  gauche,  de  gauche  A  droite, 
at  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

4 

S 

6 

R 


RECOLLECTIONS  AND  OPINIONS 


OF  AN 


OLD  PIONEER. 


BY 


■» 


PETER  H.   BURNETT, 

THE  FIRST  GOVEBNOE  OF  TUB  STATE  OF  CALIFORNIA. 


NEW  YORK: 
D.  APPLETON  AND  COMPANY, 

1,  3,  AND  5  BOND  STREET. 
1S80. 


* 


COPTKIGHT  BY 

D.  APPLETON  AND  COMPANY. 

1680. 


^' 


4  I 


m 


TO 

Col.   ALEXANDER  W.   DONIPHAN, 

THE   XENOPHON   OP   THE   MEXICAN   WAK, 

THE     ABLE     AND     ELOQUENT     ADVOCATE, 

THE   MAN   OF   UNDOUBTED  INTEGRITY, 

STfjb  moth  IB  ^£bitat«b, 

AS   EVIDENCE  OF   THE   ADMIRATION  AND   ESTEEM 
OF   niS   OLD   FRIEND, 

TEE  AUTEOR. 


J^065in 


^-  --nUr.i  -  -,..;„--,-, J- .-  '^.j^rm 


mmmmmmmmmm 


a 


^ 


PKEFACE. 


In  the  month  of  October,  1860,  I  began  to  write  out 
my  recollections  and  opinions,  intending  to  leave  the 
manuscript  to  ray  children,  as  I  thought  that  a  true  ac- 
count of  my  opinions,  and  long  and  diversified  expe- 
rience, might  be  of  benef  to  them  and  their  posterity, 
though  of  less  importance  to  others.  But  I  had  not 
progressed  very  far  before  I  was  interrupted  by  several 
causes. 

Since  November,  1860,  I  had  not  further  prosecuted 
my  design  until  the  month  of  March,  1878.  In  the 
month  of  December,  1877,  a  learned  and  distinguished 
historian,  then  and  now  engaged  in  writing  a  general 
history  of  the  Pacific  coast,  called  upon  me,  and  kindly 
requested  me  to  furnish  him  with  such  historical  data 
as  I  possessed.  Having  already  reduced  to  writing  a 
considerable  portion  of  my  recollections  and  opinions,  I 
determined  to  finish  the  work  I  had  undertaken,  and  to 
permit  him  to  take  a  copy  of  all,  or  such  portions  as  he 
might  desire,  for  his  use  in  preparing  his  own  history. 

I  had  lived  so  long  and  seen  so  much,  and  my  ex- 


*?*?' 


Vi 


VI 


rREFACE. 


perience  had  been  so  varied,  that  the  task  grew  upon 
my  hands  as  I  proceeded,  and  has  swollen  into  a  volume 
almost  double  the  size  first  anticipated.  Until  the 
month  of  October,  1879,  and  until  after  I  had  separately 
submitted  the  manuscript  to  tl^e  examination  of  two 
learned  and  able  men,  I  had  not  decided  to  publish  it. 
Circumstances  have  induced  me  to  do  so  ;  and,  as  the 
work  has  been  so  largely  written  from  memory  alone,  its 
publication  during  my  life  will  enable  me  to  correct  any 
serious  mistakes  I  may  have  made.  The  narrative  ends 
with  September  2G,  1878. 

The  work,  having  been  originally  intended  for  my 
children,  contains  much  personal  and  family  history, 
more  interesting  to  my  relatives  than  to  the  general 
reader.  Yet,  as  my  own  history  is  connected  to  some 
extent  with  that  of  the  Western  and  Pacific  States,  I 
think  there  are  some  facts  stated  of  general  importance, 
■"vhich  have  not  been,  perhaps,  so  fully  recorded  by 
others. 

I  was  born  a  pioneer,  as  Nashville  at  the  date  of  my 
birth  was  but  a  small  village,  and  Tennessee  a  border- 
State,  but  thinly  populated.  I  have  been  a  pioneer 
most  of  my  life  ;  and  whenever,  since  my  arrival  in 
California,  I  have  seen  a  party  of  immigrants,  with 
their  ox-teams  and  white-sheeted  wagons,  I  have  been 
excited,  have  felt  younger,  and  was  for  the  moment 
anxious  to  make  another  trip.  If  the  theory  of  Symmes 
had  been  proven  by  time  to  be  true,  and  had  a  fine  and 
accessible  country  been  discovered  at  the  north  or  south 


f 


PREFACE. 


vM 


pole  before  I  attained  the  age  of  sixty,  I  should  have 
been  strongly  tempted  to  organize  a  party  of  emigrants 
for  that  distant  recrion. 

While  the  settlement  of  a  new  country  is  full  of 
perils,  hardships,  and  privations,  it  is  still  exceedingly 
interesting.  The  first  settlers  find  nature  in  a  state  of 
grand  repose  ;  but  this  repose  is  soon  followed  by  great 
activity  and  most  satisfactory  progress.  In  some  five 
or  six  years  the  orchards  begin  to  bear  their  fruits, 
smiling  villages,  pleasant  homes,  and  happy  families 
are  seen  on  all  sides,  and  "the  wilderness  begins  to 
blossom  as  the  rose." 


m 


ooisrTEisrTs. 


CH^iPTER  I. 


FAGB 


Ancestry:  The  Bumets—The  Hardemans.  Removals:  To  the 
Farm— To  Missouri.  Mode  of  Living— Manners  and  Customs. 
Bee-Hunt— FisticufiE  Fights— Lazy  Bill.  Prairies— Their  Ori- 
gin.  Return  to  Tennessee— Employed  as  Clerk  in  an  Hotel. 
Samuel  Houston— Newton  Cannon— Andrew  Martin— David 
Crockett— Adam  Huntsman.  W.  B.  Peck— John  Y.  Cockram 
—Peter  Minner.  Courtship  and  Marriage.  Purchase  of  the 
Store— Death  of  a  Burglar.  Return  to  Missouri— Crockett  and 
Huntsman 


CHAPTER  IL 

Act  as  Clerk  for  a  Time— Then  go  into  the  Mercantile  Business 
with  Others.     Return  to  the  Law— Employed  by  the  Mormon 
Elders— Proceedings  on  Habeas  Corpus.    Oration  by  Sidney 
Rigdon— Sermon  by  Joseph  Smith,  Jr.— Battle  between  the 
Danites  and  Captain  Bogard.     Militia  ordered  out— Surrender 
of  the  Mormons.    Prisoners  brought  before  Judge  King— Jo- 
seph  Smith,  Jr.— Lyman  Wight— Sidney  Rigdon.    Appointed 
District  Attorney— Qualifications  of  a  Good  Lawyer— Labori- 
ous Practice.     Difficulty  of  administering  Criminal  J.jtice— A 
Noted  Criminal— An  Able  and  Upright  Judge.    Case  of  Whit- 
tle—Judge Austin  A.  King.    Characteristics  of  Lawyers— Na- 
ture of   Legal  Investigations— Difficulty  of   Simplifying  the      ^ 
Law— Causes  of  Infidelity  among  Lawyers.     Political  Views. 
Remarks  on  Dueling.     Join  the  Disciples— Art  of  Governing 
Children 43 


Ti^g'-afg"' 


i  :f- 


i  M  ■ 

iff 


CONTEXTS. 


CHAPTER  III. 


PAGE 


Determine  to  go  to  Oregon — Arrive  at  the  Rendezvous — Remarks 
on  the  Nature  of  the  Trip.  Start  from  the  Rendezvous — Kill 
our  First  Buffalo — Kill  our  First  Antelope — Description  of  the 
Antelope.  Cross  to  the  Great  Valley  of  the  Platte — Buffalo 
Hunt — Description  of  that  Animal.  Cross  the  South  Fork — 
Arrive  at  Fort  Laramie — Cheyenne  Chief — Cross  the  North 
Fork — Deaths  of  Paine  and  Stevenson — Cross  Green  River — 
Arrive  at  Fort  Hall.  Leave  Fort  Hall — Sage-Brush  Lands — 
Salmon  Falls — The  Spear  of  the  Indian  Fisherman — Cross 
Snake  River — Kill  a  Large  Salmon.  Boiling  Spring — Fort 
Boise — Burnt  River — The  Lone  Pine — The  Grande  Ronde — 
The  Blue  Mountains — Arrive  at  Dr.  Whitman's  Mission — Ar- 
rive at  Walla  Walla.  Descend  the  River  to  the  Dalles — Leave 
my  Family  there — Go  to  Vancouver  and  Return — Governor 
Fremont.  Go  with  my  Family  to  Vancouver — Indian  Tradi- 
tion— The  Town  of  Linnton.  Purchase  a  Claim — Climate  and 
Scenery  of  Oregon — Number  of  our  Immigrants — Assistance 
rendered  our  Immigration.  Dr.  John  McLoughlin — James 
Douglas — Policy  of  the  Hudson's  Bay  Company  in  its  Inter- 
course  with  the  Indiana 97 

CHAPTER  IV. 

Rocky  Mountain  Trappers — Their  Peculiar  Character — Black  Har- 
ris— Joseph  L.  Meek — 0.  Russell — Robert  Newell.  The  Pro- 
visional Government.  Condition  of  the  People — Hardships 
endured  by  the  Early  Settlers.  Become  a  Catholic — My  Gen- 
eral Rule  as  to  Charges  against  Me.  Misstatements  of  W.  II. 
Gray.  The  Question  whether  there  were  any  Constitutional 
Provisions  in  the  Laws  of  1843  considered.  The  Legislative 
Committee  of  1844— Mistaken  of  W.  H.  Gray  -        -        -        - 164 


• 


i     ^ 


I 


CHAPTER  V. 

The  Act  in  regard  to  Slavery  and  Free  Negroes  and  Mulattoes — 
Misrepresentations  of  W.  H.  Gray.  W.  H.  Gray — Criticism 
upon  the  History  of  Oregon.  Elected  Judge  of  the  Supreme 
Court — Strange  Resolution — Jesse  Applegato.  The  Act  to 
Prohibit  the  Introduction,  Manufacture,  Sale,  and  Barter  of 


CONTENTS. 


XI 


PAOB 

narks 
-Kill 
•f  the 
uflfalo 
ork — 
North 
iver — 
nds — 
-Cross 
-Fort 
nde — 
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Leave 
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Tradi- 
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stance 
James 
Inter- 

-    97 


liar- 
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dships 
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W.  II. 
ilional 
lative 


164 


toes — 
iticism 
prcme 
LCt  to 
tor  of 


Ardent  Spirits.  Treaty  of  June  15,  1846— Policy  of  the  Hud- 
son's Bay  Company — H.  A.  G.  Lee — Indian  Character.  Mas- 
sacre of  Dr.  Whitman  and  Others— Indian  War— Its  Result     -  212 

CHAPTER  VI. 

Discovery  of  Gold  in  California — Determine  to  go  to  the  Mines — 
Organize  a  Wagon- Party.  Off  for  California — Incidents  of  the 
Trip.  Overtake  Peter  Lassen  and  his  Party — Arrival  in  the 
Sacramento  Valley.  Arrive  at  the  House  of  Peter  Lassen — 
Origin  of  the  Tfcrm  "Prospecting" — Arrival  in  the  Mines — 
Mining.  The  Donner  Party.  A  Lonely  Grave — Death  of  David 
Ray— John  C.  McPherson 252 

cmvPTER  vn. 

Leave  the  Mines — Arrive  at  Sutter's  Fort — Become  the  Agent  of 
John  A.  Sutter,  Jr. — Captain  John  A.  Sutter — Discovery  of 
Gold.  Selling  Lots  in  Sacramento— Necessity  of  some  Gov- 
ernmental Organization — Public  Meeting  at  Sacramento  City. 
Rivalry  between  Sacramento  and  Sutterville — Journey  to  San 
Francisco — Wonderful  Coincidences — State  of  Society,  Sail- 
ing Ships  arrive  with  Gold-Seekers — Their  Speculative  Charac- 
ter— Gold- Washing  Machines — Climate  of  San  Francisco.  Un- 
satisfactory Condition  of  the  Government  of  the  District  of 
San  Francisco.  Communication  to  the  "Alta  California" — 
Failure  of  the  Attempt  to  hold  a  Convention  to  frame  a  Pro- 
visional Government 286 

CHAPTER  Vin. 

Return  to  Sacramento— Come  a  Second  Time  to  San  Francisco — 
Become  a  Member  of  the  Legislative  Assembly — Extracts  from 
the  Address  of  that  Body  to  the  People  of  California — Ex- 
tracts from  General  Riley's  Proclamation — Address  of  the 
Committee  of  Five.  Extract?  from  my  Second  Communication 
to  the  "  Alta  California  " — Grounds  of  Gcncrdl  Riley's  Views 
as  to  the  Right  of  the  People  of  CrJifornla  to  organize  a 
Provisional  'Government — Grounds  of  those  who  claimed  that 
Right — The  Controversy  most  fortunate  for  California — All 
Things  happily  tended  to  produce  the  Main  Result  desired  by 


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Xll 


CONTENTS. 


PAOG 


US  all — Return  to  Sacramento  City — Its  Rapid  Improvement — 
James  S.  Thomas.  Appointed  to  a  Seat  in  the  Superior  Tri- 
bunal — Sickness  of  one  of  my  Daughters — Remove  to  San 
Jos6 — ^Administration  of  Justice  in  California  duriftg  1849 — 
State  of  Sov-iety — The  Quack.  Visit  Monterey — Announce  My- 
self a  Candidate  for  Governor — Elected — Inaugural  Address. 
The  Chinese — Reasons  for  their  Exclusion — The  Burlingamo 
Treaty    -        - 319 

CHAPTER  IX. 

General  Riley — Judge  Thomas — Variable  Prices — Monopolies. 
Agricultural  Character  of  the  State — Native  Grasses  Annual, 
not  Perennial — Native  Clover.  The  Squirrels  of  California— 
Their  Peculiar  Characteristics — Speculative  Character  of  our 
Farmers — Uncertainty  of  Wealth  in  this  State — Incidents.  In- 
credulity of  the  People  East  as  to  the  True  Facts  in  regard  to 
California — Scurvy — Admission  of  California  into  the  Uuion — 
Stage-Race — Cholera.  Extracts  from  my  Second  Annual  Mes- 
sage— Resignation  of  the  Office  of  Governor.  Resume  the 
Practice  of  the  Law — Death  of  Judge  Jones — Passengers  of 
the  Margaret — A  Faithful  Son.  Defective  Administration  of 
Criminal  Law  in  California — Illustrations — Pay  the  last  of  my 
Old  Debts.  Great  Fire  in  Sacramento  City — Assist  in  re- 
building the  City — Rancho  of  Samuel  Norris — Coursing  the 
Jack-Rabbit.  The  Vigilance  Committee  of  1856— My  First 
Voyage  at  Sea — Incidents 359 

CHAPTER  X. 

Appointed  a  Justice  of  the  Supreme  Court — Painful  Incident — 
Anticipated  our  Civil  War — My  Views  upon  that  Subject.  De- 
termine to  engage  in  Banking — Elected  President  of  the  Pa- 
cific Accumulation  Loan  Company — The  Institution  put  in 
Practical  Operation — Difficulties  in  our  Way — Change  the 
Name  to  "  Pacific  Bank."  Wild  Banks — Speculative  Character 
of  our  People — Incident.  Merchants  and  other  Business  Men 
often  secretly  engage  in  Stock-Speculations — Illustrative  Cases 
of  Speculation — Failures  sometimes  falsely  attributed  to  Spec- 
ulation in  Mining  Stocks.  True  Rule  as  to  Bank  Contributions 
— Banking  a  Trying  Business — The  Infallible  Banker — Five 


PAGB 


ement — 
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to  San 
1849— 
nee  My- 
\^ddress. 
lingamo 


CONTENTS. 


-319 


XI 11 

PAGE 


Main  Points  to  consider  in  making  Loans— Devices  to  obtain 
Credit.  A  Good  Banker  may  often  save  his  Customers  from 
Losses  against  their  Will-Incidents  of  the  Suspension  of  cer- 
tain  Banks  in  1875— Difficulty  of  obtaining  Faithful  Em- 
ployees. Extreme  Wealth  not  the  Happiest  Condition  in  Life 
—Reasons  for  this  Conclusion.  Wives  should  be  consulted 
about  all  Important  Affairs-Daughters  should  be  taught  a 
Knowledge  of  Business— Conclusion        ....  404 


lopoliea. 
Annual, 
ornia— 

of  our 
ts.  In- 
!gard  to 
Juion — 
al  Mes- 
me  the 
gcrs  of 
ition  of 

of  my 
;  in  re- 
ng  the 
y  First 


•359 


ident — 
t.  De. 
the  Pa- 
put  in 
ige  the 
aracter 
S8  Men 
c  Cases 
0  Spec- 
butions 
•—Five 


m 


I' 


'  > 


CHAPTER  I. 


ANCESTRY  :   THE    BUKNETS — THE    IIAKDEMANS. 


I  AM  the  eldest  son  of  George  and  Dorothy  Burnet, 
and  was  born  in  Nashville,  Tennessee,  November  15, 
1807.  My  father  was  born  in  Pittsylvania  County, 
Virginia,  September  26,  1770,  and  died  in  Clay  County, 
Missouri,  February  23,  1838.  The  family  all  spelled 
the  name  with  a  single  t.  When  I  was  about  nineteen, 
I  added  another  t,  and  my  example  has  been  followed 
by  all  my  brothers.  My  reason  for  the  change  was  the 
opinion  that  the  name  would  be  more  complete  and  em- 
phatic when  spelled  Burnett. 

My  mother  was  the  daughter  of  Thomas  Hardeman, 
and  was  born  in  Davidson  County,  Tennessee,  May  15, 
1780,  and  died  in  Platte  County,  Missouri,  March  17, 
1843.  My  gi'ai.dfather  Hardeman  was  born  in  Virginia, 
January  8,  1750  ;  and  his  brother,  whom  I  never  saw, 
settled  in  Georgia.  My  grandfather  Hardeman  was 
among  the  first  settlers  of  Tennessee,  and  jiarticipatcd 
in  the  Indian  wars  of  that  countr)^  He  was  a  stout 
man,  possessed  a  very  fine  constitution,  a  determined 
will,  and  naturally  a  splendid  intellect.  His  education 
was  originally  very  limited,  but  by  study  ho  became  a 
man  of  distinction.  He  was  the  neighbor  and  warm 
friend  of  General  Andrew  Jackson,  and  was,  with  the 
General,  a  member  of  the  first  Constitutional  Conven- 


ll 


f  f 


3 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


tion  of  Tennessee.  lie  was  a  farmer  and  made  a  for- 
tune, living  to  the  age  of  seventy-two.  He  reared  eight 
sons  and  three  daughters :  Nicholas  Perkins,  Nancy, 
John,  Constant,  Eleazar,  Peter,  Dorothy,  Thomas  Jones, 
Blackstone,  Elizabeth,  and  Baily.  All  these  married, 
and  all  reared  families,  except  my  aunt  Elizabeth. 

My  grandfather  Hardeman  was  twice  married,  his 
two  wives  being  sisters,  but  all  his  children  were  the  is- 
sue of  his  first  marriage.  He  brought  up  his  sons  to  his 
own  bi^siness,  except  John  and  Baily,  to  whom  he  gave 
fine  educations.  They  were  intended  for  the  bar,  but 
never  practiced.  Both  were  men  of  fine  mental  capaci- 
ty, especially  uncle  John,  who  was  one  of  the  most  ac- 
complished literary  men  of  the  Western  States. 

My  grandfather  Hardeman  taught  certain  maxims 
to  his  children  that  have  come  down  to  his  grandchil- 
dren, and  have  had  a  great  influence  over  his  posterity: 
First.  Pay  your  honest  debts. 
Second.  Never  disgrace  the  family. 
Third.  Help  the  honest  and  industrious  kin. 
My  father  came  to  Nashville  when  it  was  a  small 
village,  and  was  married  to  my  mother  in  1802,  in  Da- 
vidson County,  Tennessee.     He  had  several  brothers 
and  sisters,  some  of  whom  I  remember  to  have  seen. 
They  nearly  all  lived  and  died  in  Kentucky.     I  never 
saw  my  grandfather  Burnet.     My  father  was  a  carpen- 
ter and  farmer,  uncle  William  was  a  blacksmith,  uncle 
John  a  school-teacher,  uncle  James  a  farmer,  and  uncle 
Henry  a  cabinet-maker.     All  my  father's  brothers  and 
sisters  were  married,  and  all  reared  families.     All  my 
uncles  and  aunts  on  both  sides  are  gone.    Many  of  tliem 
lived  to  be  old  people.     T  remember  well  Avhen  I  be- 
longed to  the  younger  members  of  the  family.     Now  I 
stand  among  the  eldest. 


ER. 


A« 


ANCESTRY. 


made  a  for- 
reared  eight 
Lins,  Nancy, 
lomas  Jones, 
ese  married, 
labeth. 
married,  his 
were  the  is- 
s  sons  to  his 
lom  he  gave 
the  bar,  but 
sntal  capaci- 
;he  most  ac- 
ites. 

;ain  maxims 
8  grandchil- 
is  posterity: 


iin. 

kvas  a  small 
802,  in  Da- 
'al  brothers 

have  seen. 

1^.  I  never 
IS  a  carpen- 
smith,  uncle 

and  uncle 
rothers  and 
!S.  All  my 
my  of  them 
when  I  be- 
ly.     Now  I 


■41 


I 


There  was  a  great  difference  between  my  father's 
and  mother's  families.  The  Hardemans  were  fond  of 
pleasure,  and  were  generally  extravagant  when  young. 
Most  of  them,  especially  my  male  cousins,  when  setting 
out  in  life,  wasted  their  patrimony,  not  in  dissipation 
of  any  kind,  but  in  fashionable  life  ;  and  afterward  set 
earnestly  to  work,  most  of  them  making  good  livings, 
and  some  of  them  fortunes.  The  Hardemans  were  gen- 
erally men  of  the  world,  first  fond  of  fashionable  plea- 
sures, dress,  and  show,  and  afterward  seekers  of  fortune. 
But,  though  wild  when  young  men,  I  have  yet  to  hear 
of  the  first  instance  in  which  they  were  ever  accused  of 
any  criminal  offense,  great  or  small.  They  sometimes 
had  fisticuff  fights  (though  very  rarely),  but  I  never 
knew  one  of  them  to  fight  a  duel.  With  very  rare  ex- 
ceptions, they  all  paid  their  debts.  They  were  general- 
ly good  business  men,  and  good  traders  in  such  property 
as  lands  and  stock,  and  were  punctual  in  keeping  their 
promises,  and  firm  in  telling  the  truth.  All  of  the  name 
were  very  proud  of  the  family;  and,  though  they  might 
have  disputes  among  themselves,  they  would  not  permit 
others  to  speak  ill  even  of  those  they  themselves  blamed. 
They  were  very  generous  in  aiding  their  relatives  in 
starting  in  business,  generally  by  good  advice  to  the 
young,  and  often  by  loans  of  money.  They  were  espe- 
cially kind  to  the  unfortunate.  They  were  generally 
quick-tempered  and  downright  in  the  expression  of  their 
opinions.  My  grandfather  Hardeman  and  most  of  his 
sons  seemed  to  think  it  a  conscientious  duty,  when  they 
saw  any  one  do  what  they  clearly  considered  a  mean  act, 
to  tell  him  what  they  thought  of  him  in  plain  terms. 
They  wei'e  candid  and  resolute  men,  and  you  always 
knew  how  you  stood  with  them.  If  they  disliked  you, 
they  would  tell  you  so.     There  were  many  marriages 


7p^ 


■pn 


RECOLLECTIONS  OP  AN  OLD  PIONEER. 


i 


between  cousins,  especially  in  the  Perkins  family,  who 
were  related  through  my  grandmother  Hardeman,  whose 
maiden  name  was  Perkins.  The  Perkins  family  came 
from  North  Carolina. 

On  the  contrary,  my  father's  family  were  not  seek- 
ers of  fortune,  Uncle  James  being  the  only  one  who 
ever  acquired  any  considerable  amount  of  property. 
They  were  men  of  peace,  very  just,  industrious,  sober, 
and  piously  disposed.  They  cared  very  little  for  riches, 
being  content  with  a  fair  living  ;  but  they  possessed 
fine  literary  abilities.  My  father  was  raised  very  poor, 
and  never  went  to  school  but  three  months  in  his  life. 
He  emigrated  "West  while  a  young  man,  and  spent  his 
time  mostly  at  hard  work  ;  and,  although  he  had  never 
studied  English  grammar,  he  wrote  and  spoke  the  lan- 
guage with  substantial  accuracy.  He  possessed  an  ex- 
traordinary mathematical  talent,  so  that  he  could  solve 
in  a  few  moments  very  difficult  problems.  I  remember 
an  instance,  which  occurred  after  I  was  grown.  I  saw 
a  problem  published  in  a  newspaper  in  Tennessee  when 
I  was  about  twenty-two,  and  it  took  me  some  three 
days  to  arrive  at  a  correct  solution.  Upon  a  visit 
to  my  father  in  1830,  I  proposed  the  same  question 
to  him,  and  it  did  not  take  him  more  than  half  an 
hour,  and  he  did  not  make  half  as  many  figures  as  I 
had  done.  The  rules  by  which  he  solved  most  ques- 
tions were  his  own.  He  understood  the  reason  of  the 
science. 

My  uncle,  John  Burnet,  had  a  fine  talent  for  general 
science,  and  several  of  my  cousins  on  my  father's  side 
have  been  lawyers  of  ability.  One  of  my  father's  cous- 
ins, of  whom  I  remember  to  have  heard  him  often 
speak,  and  whose  opportunities  had  been  very  limited, 
rose  to  distinction  at  the  bar  and  on  the  bench.     I  re- 


EER. 


ANCESTRY. 


family,  who 

ieman,  whose 

family  came 

ere  not  seek- 
mly  one  who 
of  property, 
jtrious,  sober, 
tie  for  riches, 
ley  possessed 
ed  very  poor, 
ihs  in  his  life, 
and  spent  his 
he  had  never 
poke  the  lan- 
;sessed  an  ex- 
e  could  solve 

I  remember 
•own.  I  saw 
nnessee  when 
B  some  three 
Upon  a  visit 
irae  question 
than  half  an 
J  figures  as  I 
most  ques- 

eason  of  the 

it  for  general 
father's  side 
father's  cons- 
him  often 
very  limited, 
)ench.     I  re- 


member my  father  often  referred  to  this  relative  as  a  fit 
example  for  me  to  follow. 

My  father  was  very  industrious,  understood  his  trade 
as  a  carpenter  well,  and  made  a  pretty  good  farmer ; 
but  he  had  no  capacity  for  trading,  and  was  often 
cheated.  I  never  knew  but  one  of  the  Hardemana  who 
was  dissipated,  and  that  was  Uncle  Perkins  ;  but  that 
which  was  a  cause  of  surprise  was  that,  during  the  dissi- 
pated part  of  his  life,  he  made  a  good  living,  and  when 
he  died  left  his  family  in  comfortable  circumstances. 
Of  the  Burnets,  all  the  old  set  were  examples  of  so- 
briety, peace,  kindness,  and  honesty  ;  and  among  the 
younger  class,  including  cousins  and  half  cousins,  I 
never  knew  of  but  three  who  were  confirmed  drunkards  ; 
and  I  never  heard  of  any  one  of  the  blood  committing 
any  crime,  great  or  small. 

My  father  and  mother  reared  eight  children,  five 
sons  and  three  daughters  :  Constantia  Dudley,  Peter 
Hardeman,  Glen  Owen,  George  William,  Elizabeth  Ann, 
James  White,  Mary  Henry  Jones,  and  Thomas  Smith. 
Sister  Constantia  was  twice  married,  and  died  in  Lib- 
erty, Missouri,  in  1846.  Sister  Mary  married  Dr.  Ben- 
jamin S.  Long  in  1838,  and  died  in  Clay  County,  Mis- 
souri, in  1843.  Sister  Elizabeth  has  been  twice  married, 
and  now  lives  a  widow  in  Mendocino  County,  California, 
and  has  ten  living  children.  Glen,  Thomas,  and  myself 
reside  in  California,  and  my  brother  White  in  Oregon. 
My  brother  William  lived  in  Oregon  from  the  fall  of 
1846  until  his  death,  December  25,  1877. 

Our  family  are  much  divided  in  religion.  Glen  and 
White  are  Disciples,  or  Campbellites,  as  they  are  some- 
times called  ;  Sister  Elizabeth  is  a  Baptist ;  Thomas  is 
a  Southern  Methodist ;  and  I  am  a  Catholic.  Brothers 
Glen  and  Thomas  are  preachers,  Brother  White  is  a 


6 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


I      n 


' 


farmer,  and  I  am  a  banker.  Brother  Thomas  is  now 
living  with  his  second  wife.  Glen  and  myself  married 
sisters,  the  only  daughters  of  Peter  Rogers,  who  died  in 
Clay  County,  Missouri,  in  1858,  aged  about  seventy. 

We  reared  six  children — three  sons  and  three  daugh- 
ters : 

Dwight  J.  Burnett,  born  in  Hardeman  County,  Ten- 
nessee, May  23,  1829,  and  married  to  Miss  Mary  "Wil- 
cox in  Sacramento  City,  January,  1850. 

Martha  L.  Burnett,  born  in  Liberty,  Clay  County, 
Missouri,  April  29,  1833,  and  married  to  C.  T.  Ryland 
in  Alviso,  Santa  Clara  County,  California,  January  23, 
1851. 

Romeetta  J.  Burnett,  born  in  Liberty,  Missouri,  Feb- 
ruary 14, 1836,  and  married  to  W.  T.  Wallace  in  Alviso, 
California,  March  30,  1853. 

John  M.  Burnett,  born  in  Liberty,  Missouri,  February 
4,  1838,  and  married  to  Miss  Ellen  Casey  in  San  Fran- 
cisco, April  27,  1863. 

Armstead  L.  Burnett,  born  in  Liberty,  Missouri,  Oc- 
tober 7,  1839,  married  to  Miss  Flora  Johnson  in  San 
Jose,  California,  ^N'ovember  21,  1860,  and  died  in  San 
Jose,  May  26,  1862. 

Sallie  C.  Burnett,  born  in  Platte  City,  Platte  County, 
Missouri,  September  37,  1841,  married  to  Francis  Poe 
in  San  Jose,  November  21, 1860,  and  died  in  Sacramento 
City,  May  24, 1861. 


m 


> 


EEMOVALS  :    TO  THE  FAEM — TO  MISSOURI. 

My  father  built  several  of  the  first  log  and  frame 
buildings  in  Nashville,  and  one  frame  building  for  him- 
self. My  earliest  recollections  are  connected  with  Nash- 
ville. I  remember  my  father's  house,  and  that  he  pun- 
ished me  one  evening  for  running  away  from  home  ;  a 


El. 


REMOVALS. 


las  18  now 
3lf  married 
*^ho  died  in 
eventy. 
tree  daugli- 

mnty,  Ten- 
Mary  Wil- 

ay  County, 

T.  Ryland 

Fanuary  23, 

ssouri,  Feb- 
e  in  Alviso, 

■i,  February 
San  Fran- 

issouri,  Oc- 
son  in  San 
ied  in  San 

tte  County, 
rancis  Poe 
Sacramento 


:ri. 

and  frame 
ig  for  him- 
with  Nash- 
lat  he  pun- 
n  home  ;  a 


circumstance  well  calculated,  in  its  nature,  to  make  a 
lasting  impression.  About  1811  he  moved  upon  a  farm 
in  Williamson  County,  about  four  miles  south  of  Frank- 
lin, and  on  the  main  road  to  Columbia,  the  county  seat 
of  Maury  County.  My  grandfather  Hardeman  having 
removed  to  Howard  County,  Missouri,  about  181G,  my 
father  went  to  look  at  that  locality  in  the  summer  of 
1817,  and  moved  there  in  the  fall  of  that  year.  We 
spent  the  first  winter  in  a  large  camp  with  a  dirt  floor, 
boarded  up  on  the  sides  with  clapboards,  and  covered 
with  the  same,  leaving  a  hole  in  the  center  of  the  roof 
for  the  escape  of  the  smoke.  All  the  family  lived  to- 
gether in  the  same  room,  the  whites  on  one  side  and  the 
blacks  on  the  other.  In  the  fah  of  1819,  or  spring  of 
1820,  we  removed  to  Franklin  in  the  same  county,  then 
a  most  flourishing  place,  where  my  father  worked  at  his 
trade  and  also  kept  a  boarding-house,  until  the  town 
began  to  decline  ;  when,  in  the  fall  of  1820,  we  returned 
to  the  farm  four  miles  above  Franklin.  The  Missouri 
bottoms  were  exceedingly  sickly  in  1820-'21  ;  so  much 
so,  that  the  larger  portion  of  the  inhabitants  removed 
to  the  hills.  In  these  years  my  father's  family  suffered 
very  much  from  fever  and  ague.  I  remember  that  all 
of  the  family,  fourteen  in  number,  were  sick  at  the 
same  time,  except  a  little  negro  boy  about  six  years  old. 
I  suffered  from  fever  and  ague  two  falls  and  winters  in 
succession,  Avhen  I  was  twelve  and  thirteen  years  of 


age. 


The  location  of  my  father's  farm,  in  the  Missouri 
bottom,  being  so  unhealthy,  we  removed  to  Clay  Coun- 
ty in  the  spring  of  1822,  my  father  having  entered  a 
tract  of  160  acres  at  the  Land  Office,  at  $1.25  per  acre. 
Here  wo  had  to  begin  again  to  clear  off  the  timber  and 
build  houses. 


II 


il 


^!!ll 


IH 


1.1 


^1 


1 1 


) 


8 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


The  first  steamboats  I  ever  saw  were  at  Franklin  in 
1820.  They  were  the  first  steamers  on  the  Missouri 
River,  with  one  exception.  A  short  time  before,  a  single 
steamer,  as  I  am  informed,  had  passed  a  short  distance 
above  Franklin,  and  was  snagged  and  sunk.  The  steam- 
ers that  I  saw  were  three  in  number,  and  were  sent  by 
Colonel  Richard  M.  Johnson,  contractor  for  supplies  at 
Council  Bluffs,  at  which  point  the  United  States  Gov- 
ernment then  had  a  military  post.  I  remember  that 
one  of  these  vessels  was  propelled  by  a  stern- wheel,  and 
had  a  large  wooden  figurehead,  representing  the  head 
and  neck  of  an  immense  snake,  through  the  mouth  of 
which  the  steam  escaped.  This  boat  made  quite  a  grand 
appearance,  and  caused  much  speculation  among  the 
people.  Some  were  of  the  opinion  that  all  the  steam 
machinery  (which  they  called  "  works  ")  was  in  the  belly 
of  this  snake.  I  remember  seeing  these  boats  start  up 
,'he  river  from  the  landing.  They  crossed  over  to  the 
L*ooneville  side,  and  in  crossing  were  barely  able  to 
keep  from  falling  below  the  point  they  left.  This  was 
in  the  summer,  when  the  water  was  high  and  the  cur- 
rent rapid.  Now,  however,  a  steamer  on  that  river  will 
stem  the  curren  at  any  stage  of  the  water  with  ease. 
The  boat  allud<  1  to  was  called  "the  Western  Engi- 
neer." There  -  re  no  regular  steamboats  on  the  river 
until  some  five  -   ars  later. 

The  early  se  lers  in  Missouri  had  a  very  hard  time 
of  it,  especiall'  those  who  could  not  hunt  the  wild 
game  successfully,  which  was  at  that  time  abundant. 
When  we  moved  from  Howard  to  Clay  County  (a  dis- 
tance of  some  two  hundred  and  fifty  miles  by  water), 
our  supplies  and  household  furniture  were  sent  up  the 
river  in  a  flat-boat,  which  had  to  be  towed  up  most  of 
the  way  by  men,  who  walked  upon  the  bank  of  the 


REMOVALS. 


9 


anklin  in 

Missouri 
J,  a  single 
,  distance 
'he  steam- 
e  sent  by 
applies  at 
ates  Gov- 
nbcr  that 
vheel,  and 

the  head 

mouth  of 
te  a  grand 
mong   the 

the  steam 
1  the  belly 
Ls  start  up 
iver  to  the 

y  able  to 
This  was 
d  the  cur- 
river  will 

with  ease. 

crn  Engi- 
the  river 

hard  time 
the  wild 
abundant, 
nty  (a  dis- 
by  water), 
!nt  up  the 
lip  most  of 
ink  of  the 


stream,  pulling  upon  a  long  rope  attached  to  the  boat, 
and  cutting  down  the  willows  along  the  bank  in  many 
places,  so  as  to  open  a  foot-path.  The  water  was  low, 
and  it  required  some  forty  days  to  make  the  trip.  All 
the  supplies  of  merchandise  were  transported  at  that 
time  from  St.  Louis  to  Liberty  Landing  in  keel-boats. 
For  this  reason  freight  was  high  and  prices  in  propor- 
tion :  coffee,  50  cts.  per  pound ;  sugar,  25  to  37^  cts. ; 
calico,  37|^  to  50  cts.  per  yard  ;  and  brown  cotton,  from 
25  to  37^  cts.  Iron  and  salt,  two  most  necessary  arti- 
cles, were  high,  and  it  was  difficult  for  farmers  to  pay 
for  them. 

It  so  happened  that,  although  when  we  settled  in 
Howard  and  Clay  Counties  provisions  were  scarce  and 
high,  Avhen  we  had  succeeded  in  raising  produce  for 
sale,  the  demand  had  diminished,  the  supply  had  in- 
creased, and  prices  declined  to  a  low  figure.  Indian 
corn  was  10  cts.  a  bushel,  wheat  50  cts.,  pork  $1.25  per 
hundred  pounds,  and  other  things  in  proportion.  As 
everything  the  farmers  had  for  sale  was  very  low,  and 
all  they  purchased  very  high,  they  were  able  to  pur- 
chase very  little,  and  that  of  the  plainest  description. 
A  sack  or  tAVO  of  coffee  and  a  barrel  of  brown  sugar 
would  last  a  merchant  some  time.  Many  persons  sup- 
plied themselves  with  maple  sugar.  This  was  the  case 
with  my  father.  I  remember  that  "  sugar  -  makiig 
time"  was  always  a  season  of  hard  work,  but  of  fes- 
tivity with  the  young  people,  especially  when  the  sugar 
was  "stirred  off."  At  this  time  what  was  called  a 
"  sugar-stick  "  was  in  great  demand.  After  the  sugar 
was  molded  into  cakes  or  grained,  it  was  carefully 
deposited  in  the  black- walnut  "sugar-chest,"  and  put 
under  lock  and  key.  The  ants  were  very  fond  of 
sugar,  and  would  find  their  way  into  the  chest.     To 


^ 


10 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


keep  them  out,  each  of  the  four  legs  was  put  into  a 
small,  hollow,  square  block  of  wood,  filled  with  tar. 
This  Stygian  pool  these  insignificant  little  pests  would 


never  cross. 


■  ^  i 


M 


■  'i 


MODE    OF   LIVING — MANNERS    AND    CUSTOMS. 

Our  manner  of  living  was  very  simple.  For  some 
years  tue  only  mills  in  the  country  were  propelled  by 
horses,  each  customer  furnishing  his  own  team,  and 
taking  his  proper  turn  to  grind  his  grain.  At  times 
when  the  mills  were  thronged  (and  this  was  generally 
so  in  winter),  they  had  to  wait  from  one  to  two  days. 
During  this  time  the  mill-boys  mostly  lived  on  parched 
corn.  The  manner  of  sending  to  mill  was  to  put  a  bag, 
some  three  feet  long,  and  containing  from  two  and  a 
half  to  three  bushels  of  grain,  across  the  back  of  a  gen- 
tle horse,  the  bag  being  well  balanced  by  having  the 
same  quantity  in  each  end,  and  then  putting  a  man  or 
boy  upon  the  top  to  keep  it  on,  and  to  guide  the  horse. 
It  often  happened  that  both  bag  and  boy  tumbled  off, 
and  then  there  was  trouble,  not  so  much  because  the 
boy  was  a  little  hurt  (for  he  would  soon  recover),  but 
because  it  was  diflicult  to  get  the  bag  on  again.  When 
any  one  could  shoulder  a  bag  of  corn,  he  was  considered 
a  man ;  and  to  stand  in  a  half -bushel  measure,  and 
shoulder  a  bag  containing  two  and  a  half  to  three  bush- 
els, was  considered  quite  a  feat.  I  heard  of  a  woman 
who  could  do  so,  but  never  saw  her,  and  can  not  say 
that  the  si/atement  was  true. 

For  some  years  very  little  wheat  was  grown,  Indian 
corn  being  the  only  grain  raised  ;  and,  when  wheat  was 
produced,  there  were  no  good  flour-mills  for  some  time. 
If,  during  those  times,  we  had  a  biscuit  and  a  cup  of 
coffee  every  Sunday  morning  we  were  fortunate.     As  a 


MODE  OF  LIVING. 


11 


put  into  a 

with  tai. 

ests  would 


•CMS. 

For  some 
•opelled  by 
team,  and 
At  times 
s  generally 
3  two  days. 
on  parelied 
)  put  a  bag, 
two  and  a 
3k  of  a  gen- 
having  the 
lor  a  man  or 
.0  the  horse, 
urabled  off, 
because  the 
|ecover),  but 
ain.    When 
[s  considered 
easure,  and 
three  bush- 
|of  a  woman 
lan  not  say 

[own,  Indian 
wheat  was 
some  thne. 
Ind  a  cup  of 
\nate.     As  a 


substitute  for  coffee,  we  often  used  rye  or  corn  meal 
parched  ;  and  instead  of  "  store  tea  "  we  used  the  root 
of  the  sassafras.  Our  clothing  was  "  homespun,"  made 
by  our  mothers  and  sisters — jeans  and  linsey  for  the 
males,  and  linsey  and  striped  cotton  for  the  females. 
Hunting-shirts  and  pants  of  dressed  buckskin  were  very 
common,  and  in  some  very  rare  cases  females  were  clad 
in  dressed  buckskin.  In  summer  the  boys  and  girls  went 
barefoot,  and  young  and  married  women  often.  Moc- 
casins were  often  worn  instead  of  shoes.  I  have  seen 
young  women,  in  going  to  public  places,  stop  a  short 
distance  before  reaching  the  place,  take  off  their  coarse 
shoes,  and  put  on  their  "  Sunday  shoes."  Such  a  thing 
as  a  fine  carriage  was  never  seen.  Some  very  few  had 
what  was  then  called  a  "  Dearborn,"  being  a  small  vehi- 
cle for  one  horse,  and  without  any  top  to  it.  Our  linsey 
and  jeans  for  every-day  use  were  usually  colored  with 
hickory  or  walnut  !/ark,  that  of  a  finer  quality  with 
indigo.  A  suit  of  blue  jeans  was  considered  a  fine  dress. 
I  remember  that  in  Clay  County,  about  1824-'35,  there 
were  only  three  or  four  men  who  could  boast  of  a  suit 
of  broadcloth.  A  young  man  who  had  been  in  the  ser- 
vice of  the  United  States  as  a  soldier  came  to  Libertv, 
Clay  County,  about  that  time,  and  dressed  himself  in  a 
new  suit  of  blue  brop.dcloth,  s.irmounted  by  an  elegant 
new  fur  hat  of  his  own  workmanship  (he  Avas  a  hatter), 
and  he  used  to  strut  up  and  down  the  only  street  in 
the  place,  to  the  great  astonishment  of  others.  At  that 
time  there  must  have  been  about  three  hundred  voters 
in  the  county. 

The  principal  trade  at  that  date  was  in  skins,  honey, 
and  beeswax,  all  wild  productions.  When  Missouri  was 
first  settled,  cotton  was  cultivated  for  domestic  use. 
The  seeds  were  picked  out  by  hand,  or  by  a  small  gin 


I 


12 


RECOLLECTIONS  OF  AN  OLD  PIONEER, 


consisting  of  two  wooden  rollers,  three  quarters  of  an 
inch  in  diameter  and  a  foot  long,  to  one  of  which  a 
crank  and  handle  were  attached.  The  operator  sat 
across  a  bench,  upon  which  the  rollers  on  the  top  of  a 
piece  of  timber  were  securely  fastened,  and  turned  the 
crank  with  his  right  and  applied  the  cotton  with  his 
left  hand.  The  rollers  were  placed  together,  so  that 
turning  one  would  turn  the  other  ;  and,  while  the  cot- 
ton, in  thin  slices,  would  pass  between  them,  the  seed 
could  not.     It  v/as,  however,  a  slow  process. 

What  were  called  "  cotton  pickings  "  were  then  very 
common.  The  young  people  of  the  neighborhood  assem- 
bled about  dark,  divided  themselves  into  two  equal  par- 
ties, placed  the  quantity  of  cotton  to  be  picked  in  two 
large  piles  before  a  big  fire,  and  then  commenced  a  race 
to  see  which  party  would  get  through  first.  The  cotton 
picked  more  easily  w^hen  warmed,  and  this  was  the  rea- 
son for  placing  it  before  the  fire.  JNIuch  cheating  was 
done  by  hiding  away  portions  of  the  unpicked  cotton. 
The  object  was  to  accomplish  the  task  as  early  as  possi- 
ble, and  then  to  enter  into  the  dance,  or  the  various 
plays  then  common,  such  as  *'  Old  Jake,"  "  Pleased  or 
displeased  ?  "  "  Tired  of  your  company  ?  "  "  Bishop  of 
Winchester  has  lost  his  crown,"  and  "  We  are  marching 
along  toward  Quobeck."  I  remember  that,  when  I  was 
about  fourteen  years  of  age,  I  attended  a  cotton-picking 
in  Howard  County,  at  the  house  of  a  widow.  I  had 
never  danced  any,  and,  though  naturally  diffident,  I  de- 
termined I  would  break  the  ice.  There  was  present  an 
old  maid,  Miss  Milly  A.,  with  whom  I  was  well  ac- 
(luainted — a  large,  corpulent  woman,  low,  thick-set,  and 
weighing  about  two  hundred  pounds.  With  her  I 
danced  some  seven  sets  (most  of  them  Virginia  reels), 
without  a  rest.     Though  so  large,  she  moved  over  the 


ER. 


MODE  OF  LIVING. 


13 


arters  of  an 
of  which  a 
operator  sat 
the  top  of  a 
1  turned  the 
ton  with  his 
ther,  so  that 
i^hile  the  cot- 
lem,  the  seed 

IS. 

ere  then  very 
)rhood  assem- 
wo  equal  par- 
licked  in  two 
nenced  a  race 
;.    The  cotton 
8  was  the  rca- 
cheating  was 
icked  cotton, 
arly  as  possi- 
ir  the  various 
I'  "  Pleased  or 
I"  "  Bishop  of 
arc  inarching 
t,  when  I  was 
otton-picking 
idow.     I  had 
iffident,  I  de- 
as  present  an 
was  well  ac- 
thick-set,  and 
With  her  1 
[irginia  reels), 
ved  over  the 


puncheon  floor  with  ease  and  grace,  and  was  amply 
able,  I  found  to  my  sorrow,  to  tire  me  out  ;  for  the 
next  day  I  was  so  sore  that  I  could  scarcely  walk. 
This  rash  experiment  cured  me  of  dancing  for  some 
years. 

At  my  father's  house  I  never  saw  a  cotton-picking. 
It  was  usual  in  the  fall  and  winter  to  pick  the  cotton  at 
night,  in  which  task  all  of  us  participated  who  were  able 
to  work.  The  young  ladies  spun  and  wove,  and  often 
made  a  beautiful  article  of  striped  and  checked  cot- 
ton cloth,  out  of  which  they  made  themselves  dresses. 
Hemp  and  flax,  especially  the  latter,  were  used  in  the 
manufacture  of  summer  clothing  for  children  and  men. 
My  sister  Constantia  was  very  fond  of  reading,  was 
well  educated  for  that  day,  and  was  the  most  talented 
of  the  family.  I  remember  to  have  heard  my  mother 
laughingly  complain  that  my  sister  would  stop  the  loom 
any  time  to  read  a  book.  The  weaving  of  the  family 
was  generally  done  by  the  white  women,  and  mainly  by 
the  unmarried  daughters. 

It  required  great  industry,  rigid  economy,  and  wise 
foresight  to  make  a  plain  living  in  those  times.  I  have 
often  thought  of  the  severe  struggles  of  my  parents 
and  their  children  to  live.  The  leather  for  our  winter 
shoes  was  tanned  at  homo,  and  the  shoes  for  the  family 
were  made  by  my  father  and  myself,  after  I  was  large 
enough  to  assist  him.  Peg-work  was  not  then  under- 
stood, and  it  required  some  little  art  to  make  and  bristle 
"an  end,"  as  they  called  the  waxed  thread  with  which 
the  shoes  were  sewed. 

The  climate  of  Missouri  is  cold  and  changeable,  re- 
(piiring  stock  to  be  fed  some  five  or  six  months  in  the 
year.  In  the  early  settlement  of  the  State,  the  people 
Huffored  much  from  sickness  caused  by  exposure,  bad 


i  " 


'■ 


m 


14 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


m 


:  li 


I  ' 


t 


food  (as  the  corn  from  whicli  the  bread  was  made  was 
often  frost-bitten),  and  the  decay  of  such  masses  of 
timber  as  were  left  deiad  in  the  fields. 

Log-rolling  was  also  one  of  the  laborious  amuse- 
ments of  those  days.  To  clear  away  the  dense  forests 
for  cultivation  was  a  work  of  some  years.  The  under- 
brush was  grubbed  up,  the  small  trees  (saplings)  were 
cut  down  and  burned,  and  the  large  trees  belted  around 
with  the  axe,  by  cutting  through  the  sap  of  the  trees, 
which  pi'ocess  was  called  "  deadening."  The  trees 
belted  would  soon  die,  and  their  tops  first  fall  off,  and 
afterward  the  trunks  would  fall  down,  often  break- 
ing the  rail  fences  and  crushing  the  growing  corn, 
and  in  the  winter  time  occasionally  killing  the  cat- 
tle running  in  the  stalk-fields.  Sometimes  a  human 
being  would  be  killed  by  a  falling  limb,  or  by  a 
stroke  of  lightning.  My  sister  Constantia's  first  hus- 
band, James  M.  Miller,  was  killed  by  lightning  on  the 
bank  of  the  Missouri  river  at  Booneville  about  1821 ; 
and  my  wife  only  escaped  dcatli  from  a  similar  cause 
at  Liberty,  Missouri,  in  1833,  by  accidentally  leaving 
the  fireplace  where  she  was  sitting,  and  retiring  to  the 
adjoining  room,  only  just  one  moment  before  the  light- 
ning struck  the  stone  chimney,  throwing  down  the 
top,  and  melting  together  the  blades  of  a  pair  of  large 
scissors  hanging  below  the  mantel-piece  against  the 
chimney. 

The  early  settlers  of  the  West  were  greatly  aided 
by  the  wild  game,  fruits,  and  honey,  which  were  most 
abundant.  Tliore  wore  walnuts,  hickory-nuts,  hazel- 
nuts, pecans,  raspberries,  blackberries,  wild  plums,  sum- 
mer, fall,  and  winter  grapes  ;  of  game,  the  squirrel, 
rabbit,  opossum,  coon,  deer,  and  black  bear ;  and  of 
fowls,  the  quail,  wild  duck,  goose,  swan,  prairie  chicken. 


:r. 


MANNERS  AND  CUSTOMS. 


15 


s  made  was 
1  masses  of 

LOUS  amuse- 
ense  forests 
The  under- 
Dlings)  were 
elted  around 
of  the  trees, 
The   trees 
fall  off,  and 
often  break- 
owing   corn, 
Imff  the  cat- 
les  a  human 
tnb,  or  by  a 
la's  first  hus- 
itning  on  the 
about  1821 ; 
imilar  cause 
Itally  leaving 
[itiring  to  t 'te 
»re  the  light- 
g  down  the 
lair  of  large 
aerainst  the 

rrcatly  aided 
t\\  were  most 
-nuts,  hazel- 
plums,  sum- 
Ithe  squirrel, 
lear ;  and  of 
lirie  chicken, 


m 


and  wild  turkey,  the  noblest  game-fov/1  among  them 
all.  For  some  years  no  tame  turkeys  were  raised,  as 
the  wild  were  abundant  and  just  as  good.  Domestica- 
tion may  change  the  color  of  the  plumage,  but  not  the 
quality  or  the  color  of  the  flesh  of  the  turkey.  One 
turkey  hen  would  usually  rear  a  flock  of  from  ten  to 
fifteen  each  year.  We  had  dogs  well  trained  to  hunt 
the  turkeys  by  trailing  them  up  and  forcing  them  to 
take  refuge  in  the  timber,  the  dogs  standing  below 
the  turkey  on  the  tree,  and  keeping  up  an  incessant 
barking,  so  as  to  keep  his  attention  fixed  upon  the 
dogs,  while  the  skillful  hunter  approached  unobserved 
within  rifle-shot.  The  dogs  used  were  the  ordinary 
curs. 

I  remember  a  circumstance  which  occurred  in  Clay 
County  when  I  was  about  seventeen,  and  my  brother 
Glen  fifteen.  I  had  left  my  father's  house,  and  was  liv- 
ing with  my  sister  Constantia's  second  husband.  Major 
William  L.  Smith,  then  a  merchant  of  Liberty.  Two  or 
three  days  before  Christmas  I  went  to  visit  my  parents, 
and  to  spend  the  Christmas  holidays  at  home.  The 
well-trained  dogs,  Major,  Captain,  and  Cue,  had  not 
forgotten  me.  My  mother  requested  Glen  and  myself 
to  kill  some  wild  turkeys  for  the  Christmas  dinner,  and 
directed  us  to  shoot  them  in  the  head,  so  as  not  to  tear 
the  body.  Fully  confident  in  our  marksmanship,  we 
promised  her  we  would  do  so.  Taking  the  faithful  and 
keen-scented  dogs  and  the  trusty  old  rifle,  with  its  black- 
walnut  stock  and  flint-lock,  we  started  into  the  hills 
toward  the  Missouri  bottoms,  and  soon  found  a  flock  of 
gobblers,  one  of  which  alighted  in  a  tall  red-oak  tree, 
near  the  top.  Being  older  than  my  brother  and  a  guest, 
it  was  my  privilege  to  have  the  first  shot.  I  approached 
as  near  as  I  could  venture  to  do  (as  I  saw  the  turkey 


■I'irr: 


III 


w 


U 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


%i 


w 


41' 


was  very  wild,  from  the  high  head  he  held),  and  deter- 
mined that  I  would,  as  requested,  shoot  him  in  the  head ; 
but,  when  I  endeavored  to  take  aim,  the  distance  was  so 
great  and  the  object  so  small  that  I  despaired  of  hitting 
his  head  ;  and  so  taking,  as  I  thought,  good  aim  at  his 
body,  I  fired  and  he  fell.  From  his  much  fluttering,  I 
feared  I  had  not  given  him  a  fatal  shot,  and  that  the 
dogs,  in  their  efforts  to  kill  him,  would  tear  his  flesh  ;  so 
I  told  my  brother  to  run  to  the  turkey,  while  I  remained 
to  load  my  rifle,  the  custom  of  the  hunter  being  to  1-"  ^d 
his  gun  the  first  thing,  and  on  the  spot  from  which  he 
I'res  his  shot.  When  I  had  loaded  and  went  to  the 
turkey,  I  found  I  had  shot  him  through  the  neck  just 
below  the  head,  the  ball  breaking  his  neck-bone.  We 
then  proceeded,  and  soon  started  up  a  flock  of  hens  (as 
the  hens  and  gobblers  go  in  separate  flocks  in  winter, 
and  pair  in  spring),  one  of  which  alighted  in  tixC  fork  of 
a  hackberry  tree.  I  requested  my  brother  to  shoot,  but 
he  declined,  thinking  no  doubt  that  I  was  a  superior 
shot.  So  I  determined,  as  before,  that  I  would  shoot 
the  turkey  in  the  head  ;  but  when  taking  aim  I  despaired 
of  success,  and  taking,  as  I  again  thought,  good  aim  at 
the  body  of  the  bird,  I  fired  and  she  fell.  When  I  came 
to  examine  her,  I  found  my  ball  had  just  knocked  off 
the  top  of  her  head,  entering  the  skull  to  the  depth  of 
half  an  inch. 

With  these  two  turkeys  we  went  home  in  triumph, 
and,  as  I  did  not  then  disclose  the  fact  of  having  taken 
aim  at  the  body,  I  was  considered  the  best  shot  in  the 
neighborhood.  It  was  a  singular  circumstance  that  my 
mother  should  have  first  directed  us  to  shoot  the  birds 
in  the  head,  and  that  I  should  have  accidentally  done  so 
twice  in  succession.  The  explanation  is  that  I  had  sim- 
ply overshot,  owing  perhaps  to  an  overcharge  of  powder. 


:r. 


BEE-HUNT. 


17 


),  and  deter- 
in  the  head; 
tance  was  so 
jd  of  hitting 
i  aim  at  his 

fluttering,  I 
md  that  the 
his  flesh  ;  so 
e  I  remained 
jeing  to  ]''^d 
om  which  he 

went  to  the 
he  neck  just 
k-hone.  We 
k  of  hens  (as 
ks  in  winter, 
n  tixC  fork  of 

to  shoot,  but 
as  a  superior 

would  shoot 

m  I  despaired 

,  good  aim  at 

When  I  came 

knocked  off 

the  depth  of 

e  in  triumph, 
having  taken 
st  shot  in  the 
tance  that  my 
loot  the  birds 
ntally  done  so 
lat  I  had  sim- 
go  of  powder. 


BEE-IIUNT — FISTICUFF   FIGHTS — LAZY   BILL. 

Before  I  went  to  live  with  Major  Smith,  a  circum- 
stance occurred  that  deeply  distressed  our  family.  In 
the  fall  of  1823  I  went  in  company  with  an  uncle  on  a 
bee-hunt.  We  took  a  negro  man  ("Uncle  Hal")  and 
my  father's  good  wagon  and  team,  and  a  number  of 
kegs  and  one  barrel  to  hold  the  honey  which  we  expect- 
ed to  find.  We  crossed  the  State  line  into  the  Indian 
country,  keeping  the  open  prairie  until  we  had  passed 
several  miles  beyond  the  frontier,  when  we  left  our 
wagon  in  the  edge  of  the  prairie,  and,  with  the  horses, 
guns,  blankets,  and  a  few  kegs,  took  to  the  timber.  We 
traveled  through  the  forest  one  day,  and  looked  dili- 
gently for  bees  as  we  rode  along  on  our  horses.  I  re- 
member that  I  found  two  bee-trees  that  day.  I  was 
very  proud  of  my  success,  as  no  others  were  found,  and 
my  uncle  was  a  veteran  bee-hunter.  We  hunted  three 
or  four  days  before  we  returned  to  the  wagon.  Bees 
were  generally  hunted  in  the  fall  or  winter,  as  the  hives 
were  then  full  of  honey.  In  the  fall  the  hunter  would 
find  the  hive  by  seeing  the  bees  coming  in  and  going 
out ;  but  in  the  winter  he  would  discover  the  bee-tree  by 
finding  the  dead  bees  on  the  snow  at  the  foot  of  the 
tree.  When  a  bee  dies  in  a  hive  the  living  cast  out  his 
dead  body,  which  falls  to  the  ground.  This  is  done 
during  the  few  warm  clear  days  in  winter. 

When  we  left  the  wagon  in  the  edge  of  the  prairie, 
it  was  early  in  October.  The  tall  prairie  grass  was 
green,  and  there  was  no  apparent  danger  of  fire  ;  but 
the  second  night  out  there  fell  a  severe  frost,  and  as  we 
approached  the  prairie  we  smelt  the  smoke,  and  at  once 
feared  our  wagon  was  gone.  The  prairie  had  been  set 
on  fire,  I  suppose,  by  the  Indians,  to  drive  all  the  game 


M 


.11 


18 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


i|if 


4 


iif 


III 


into  the  timber.  The  fire  extended  into  the  thick  under- 
brush that  skirted  the  prairie,  and  cooked  the  ripe  sum- 
mer grapes  on  the  vines  that  bound  the  hazel  thickets 
together.  We  had  some  difficulty  in  finding  the  place 
where  we  left  the  wagon  ;  but,  when  we  did  at  length 
find  it,  there  was  none  of  its  wood-work  left  but  the 
hubs,  and  they  were  still  burning.  I  remember  the 
most  sorrowful  looks  of  my  uncle  and  of  the  negro  man. 
The  latter  was  a  faithful  slave,  about  forty  years  old  ; 
he  had  always  driven  the  team,  and  was  proud  of  it. 
He  was  so  much  distressed  that  he  wept.  I  was  greatly 
distressed  myself,  for  I  knew  what  a  heavy  loss  it  would 
be  to  the  family.  My  father  was  not  able  to  purchase 
another,  and  afterward  for  some  time  had  to  get  along 
with  a  cart,  which  he  made  himself. 

In  reference  to  the  simple  mode  of  uress  then  com- 
mon among  the  people  of  Western  Missouri,  I  will  state 
an  illustrative  circumstance.  I  was  not  present,  but  had 
the  facts  from  the  gentleman  himself.  He  was  a  man 
of  education,  of  strictly  temperate  habits,  and,  although 
not  a  professor  of  religion,  remarkable  for  his  general 
good  conduct.  He  was  a  merchant  of  Liberty,  and  on 
one  occasion  he  attended  preaching  in  the  country  not 
far  from  town.  He  was  one  of  the  very  few  who  dressed 
in  broadcloth,  which  he  wore  on  this  occasion.  The 
preacher  was  an  old  man  well  known  ;  and  during  his 
sermon  he  referred  to  this  gentleman,  not  by  name,  but 
as  the  smooth-faced  young  man  in  fine  apparel,  and 
severely  condemned  his  style  of  dress,  as  being  contrary 
to  the  spirit  of  the  gospel.  The  behavior  of  the  gentle- 
man was  orderly  and  respectful. 

In  those  primitive  times  fisticuff  fights  were  very 
common,  especially  at  our  militia  trainings.  After  the 
military  exercises  (which  were  not  remarkable  for  ac- 


III 


FISTICUFF  FIGHTS. 


19 


ck  under- 
ripe sum- 
1  thickets 
the  place 
at  length 
t  but  the 
jmber  the 
egro  man. 
fears  old  ; 
•oud  of  it. 
as  greatly 
38  it  would 

0  purchase 
get  along 

1  then  com- 
I  will  state 
nt,  but  had 
was  a  man 
i,  although 
lis  general 
"ty,  and  on 
!0untry  not 
vho  dressed 
,sion.     The 

during  his 
'  name,  but 
)parel,  and 
ig  contrary 
the  gentle- 
were  very 
After  the 
,ble  for  ac- 


curacy) were  over,  some  bully  would  mount  a  stump, 
imitate  the  clapping  and  crowing  of  a  cock,  and  declare 
aloud  that  he  could  whip  any  man  in  that  crowd  except 
his  friends.  Those  who  were  not  his  professed  friends 
were  thus  challenged  to  fight.  If  the  challenge  was 
accepted,  the  two  combatants  selected  their  seconds,  and 
repaired  to  some  place  where  the  crowd  could  witness 
the  contest,  the  seconds  keeping  back  the  throng  out- 
side the  limits  designated,  and  knocking  down  any  one 
who  attempted  to  interfere.  When  a  hero  was  con- 
quered, he  made  it  known  by  a  low  cry  of  "  'Nuff  ! " 
After  washing  their  faces,  the  combatants  usually  took 
a  friendly  drink  together ;  and,  if  the  vanquished  was 
not  satisfied,  he  went  away  determined  upon  another 
trial  at  some  future  time. 

These  contests  were  governed  by  certain  rules,  ac- 
cording to  which  they  were  generally  conducted.  They 
arose,  not  from  hatred  or  animosity  as  a  general  rule, 
but  from  pride  and  love  of  fame.  It  was  simply  a  very 
severe  trial  of  manhood,  perseverance,  and  skill.  I  have 
known  men  on  such  occasions  to  lose  part  of  the  ear  or 
nose,  and  sometimes  an  eye.  In  most  cases  both  parties 
were  severely  bruised,  bitten,  and  gouged,  and  would  be 
weeks  in  recovering.  It  was  a  brutal,  but  not  fatal 
mode  of  combat.  I  never  knew  one  to  terminate  fatally. 
The  custom  of  stabbing  and  shooting  came  into  use  after 
this.  The  conqueror  took  great,  and  the  conquered  lit- 
tle, pleasure  in  relating  the  incidents  of  the  fight.  The 
description  of  one  was  diffuse,  of  the  other  concise. 
Most  generally  the  defeated  hero  had  some  complaint 
to  make  of  foul  play,  or  some  plausible  excuse  to  give, 
like  an  unsuccessful  candidate  for  office. 

Among  our  neighbors  in  Clay  County,  there  was  a 
tall,  long-legged,  lazy  man,  of  the  name  of  William  Fox, 


20 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


»i,-    -I 


■ii.: 


\'\ 


I 


It  -m^ 


t  i' 


>tt 


•H'ii  ' ' 


called  "  lazy  Bill."  He  did  very  little  work,  and  yet 
managed  well,  had  a  good  farm,  made  a  good  living, 
and  was  a  good  stock-raiser.  Among  his  cattle  he  had 
a  very  fine,  blooded  male  calf,  running  in  his  blue-grass 
pasture,  on  the  side  of  a  considerable  ridge.  One  warm 
day  Fox  caught  the  calf  (then  six  months  old)  by  the 
tail,  and  the  animal  at  once  started  on  a  run  down  hill, 
increasing  his  speed  at  every  successive  jump.  At  first 
Fox's  steps  were  of  reasonable  length,  but  soon  they  be- 
came awfully  long,  and  Fox  saw  that  he  could  not  possi- 
bly continue  such  a  rate  of  speed.  In  passing  near  a 
sapling,  he  ran  around  on  the  other  side  from  the  calf, 
still  holding  on  to  the  tail.  The  result  was  a  sudden 
fetch-up  and  fall  of  both  Fox  and  the  calf.  The  calf 
went  off  apparently  unhurt,  but  next  morning  Fox  found 
him  dead.  Upon  examination,  he  found  that  the  calf's 
back  was  disjointed  a  short  distance  above  the  root  of 
the  tail.  It  was  not  so  long  a  race  as  that  of  John  Gil- 
pin, but  more  fatal. 

It  was  among  these  simple  backwoods  people  that  I 
grew  up  to  manhood.  When  my  father  settled  in 
Howard  County,  that  point  v/as  upon  the  frontier  ;  and 
when  he  moved  to  Clay  he  was  still  upon  the  confines 
of  civilization.  Clay  was  one  of  the  most  western  coun- 
ties of  one  of  the  most  western  States ;  all  the  country 
west  of  that  to  the  shore  of  the  great  Pacific  Ocean 
being  wild  Indian  country,  in  which  white  men  were  not 
permitted  to  reside,  except  the  traders  licensed  by  the 
United  States,  and  the  officers  and  soldiers  stationed  at 
the  military  posts.  The  means  of  education  did  not 
then  exist,  except  to  a  very  limited  extent ;  and  we  had 
too  much  hard  work  to  admit  of  attending  school,  except 
at  intervals  during  the  summer.  At  school  I  learned  to 
spell,  read,  write,  and  cipher  so  far  as  the  rule  of  sup- 


R. 


PRAIRIES. 


21 


•k,  and  yet 
ood  living, 
ittle  he  had 
s  hlue-grass 

One  warm 
old)  by  the 
1  down  hill, 
p.  At  first 
•on  they  be- 
d  not  possi- 
38ing  near  a 
Dm  the  calf, 
IS  a  sudden 
[.  The  calf 
5  Fox  found 
It  the  calf's 

the  root  of 
)f  John  Gil- 

jople  that  I 
settled  in 
ontier  ;  and 
the  confines 
estern  coun- 
the  country 
acific  Ocean 
len  were  not 
nsed  by  the 
stationed  at 
lion  did  not 
and  we  had 
hool,  except 
I  learned  to 
rule  of  sup- 


position, and  studied  English  grammar  so  as  to  be  able 
to  parse  and  punctuate  with  tolerable  accuracy.  This 
was  the  sum  total  of  my  school  education. 

PRAIRIES — THEIR    ORIGIN. 

Much  speculation  has  been  indulged  in,  as  to  the 
origin  of  those  beautiful  grassy  plains  in  the  West 
called  prairies.  From  my  own  observation,  I  take  this 
theory  to  be  true  :  Before  the  country  was  inhabited  by 
Indians,  those  now  bare  spaces  were  covered  with  tim- 
ber, and  this  timber,  in  places,  was  first  prostrated  by 
hurricanes,  and,  when  dry,  was  set  on  fire  by  the  In- 
dians. So  intense  were  the  fires  caused  by  such  a  mass 
of  dry  fuel  that  the  young  growth  of  timber  was  en- 
tirely destroyed,  and  the  coarse  prairie  grass  came  up 
in  the  vacant  spaces,  it  being  the  only  grass  that  will 
grow  well  in  the  hot  sun,  and  for  this  reason  soon  sub- 
dued the  other  wild  grasses  usually  found  intermixed 
with  the  timber.  The  timber  being  entirely  destroyed 
over  a  considerable  space,  the  fires  of  each  succeeding 
fall  encroached  more  and  more  upon  the  timbered  por- 
tions of  the  country.  I  have  observed  that  the  surface 
of  the  prairies  of  the  West  was  generally  either  level 
or  gently  undulating,  permitting  the  wind  to  sweep 
freely  over  every  part  of  it.  As  we  approach  the  hilly 
country  skirting  the  Missouri  bottoms,  we  nearly  always 
find  dense  forests  of  timber,  till  we  ascend  t^^"  river 
west  to  the  dry  region,  where  timber  never  grows.  The 
Indians,  living  solely  upon  the  wild  game,  found  the 
fallen  timber  in  their  way  of  travel  and  impeding  their 
success  in  hunting  ;  and  they  therefore  set  the  dry  wood 
on  fire.  They  also  found  in  due  time  that  it  was  far 
more  difficult  to  hunt  the  deer  in  the  prairie  than  in  the 
timber  ;  and  they  accordingly  fired  the  prairies  in  the 


II 


^ 


!fW 


11 "  1 

mi 


\\  ,    )' 


illilfii 

•!■  .  ■■    .Mil 


liii!  iriii. 


22 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


early  fall,  so  as  to  force  the  game  into  the  timber  for 
food. 

Some  have  supposed  that  the  origin  of  the  prairies 
was  due  to  drought.  This  I  think  can  not  be  correct, 
for  the  reason  that  the  soil  of  the  prairies  is  naturally 
ri<;h,  and  more  moist  than  the  soil  of  the  timbered  land. 
The  drought  would  of  course  more  affect  the  hilly  land 
than  that  which  was  level  or  gently  undulating.  Be- 
sides, the  underbrush,  especially  the  hazel  (which  loves 
a  rich  soil  and  grows  very  thickly  upon  the  ground),  is 
found  in  much  greater  abundance  on  level  and  gently 
undulating  land,  and  is  easily  killed  by  fire  in  the  fall 
immediately  after  frost,  and  before  the  leaves  fall.  I 
know  this  was  the  case  when  my  father's  wagon  was 
burned.  The  fire  on  that  occasion  extended  some  dis- 
tance into  the  timber,  killing  but  not  consuming  the 
green  underbrush,  especially  the  hazel.  The  young 
hazel  that  would  next  year  grow  from  the  roots,  being 
intermixed  with  the  old  and  dry  brush,  would  be  killed 
by  the  fire  the  succeeding  fall.  This  process  of  burning 
would  entirely  destroy  the  roots  in  time,  thus  enlarging 
the  prairie  until  the  increase  in  rixc  ^m  ould  be  stopped 
by  the  hilly  country  or  other  obst'uol ions. 

The  reason  why  there  were  no  j:  rairies  in  Tennessee 
and  Kentucky  Avas  the  fact  that  the  predominant  timber 
in  those  States  is  the  beech  and  poplar,  which  are  not 
easily  killed  by  fire.  The  beech  seldom  or  never  forks, 
but  sends  out  its  numerous  small  limbs  from  a  few  feet 
above  the  ground  to  its  top,  making  so  dense  a  shade 
that  little  or  no  shri  bbery  can  grow  in  a  beech  forest. 
However  much  the  i)eech  timber  may  be  crowded,  the 
trees  will  still  send  oat  their  limbs  horizontally,  and  will 
not  grow  tall,  like  mc  st  other  timber  (especially  the  pine 
family)  when  crowded.      Even  when  there  was  an  un- 


I 


RETURN  TO  TENNESSEE. 


23 


iraber  for 

e  prairies 
e  correct, 
naturally 
ered  land, 
hilly  land 
ing.      Be- 
aich  loves 
rround),  is 
nd  gently 
in  the  fall 
IB  fall.      I 
;vagon  was 
.  some  dis- 
uraing  the 
?he  young 
oots,  being 
i  be  killed 
of  burning 
3  enlarging 
be  stopped 


dergrowth  in  those  States,  it  was  mostly  th?^  cane,  which 
is  an  evergreen  and  will  not  burn  in  a  forest,  though  it 
grows  as  thick  as  hemp.  On  the  contrary,  there  was  no 
beech,  poplar,  or  cane  in  the  vicinity  of  the  prairies  ; 
but  the  timber  was  mainly  oak,  ash,  elm,  hickory,  wal- 
nut, hackberry,  and  wild  cherry,  all  of  which  grow  tall 
and  slender  when  crowded,  and  have  no  horizontal  limbs 
near  the  ground.  There  was  therefore  room  beneath 
for  a  thick  undergrowth,  and  the  soil,  being  exceeding- 
ly rich,  could  well  support  the  large  and  small  growths 
upon  the  same  space.  It  is  also  a  well-known  fact  that 
hurricanes  often  occur  in  the  West,  and  that  they  are 
so  severe  as  to  prostrate  all  the  standing  timber,  throw- 
ing all  the  trees  in  the  same  direction.  I  remember  to 
have  seen  two  spots  over  which  these  terrible  tempests 
had  passed.  One  was  in  Howard  and  the  other  in  Jack- 
son County,  Missouri  ;  and  the  fallen  timber  lay  so 
thick  upon  the  ground  that  it  was  difficult  to  pass 
through  it  on  horseback.  According  to  my  recollection, 
hurricanes  were  very  rare  in  Tennessee  and  Kentucky. 
These  destructive  storms  are  usually  about  half  a  mile 
in  width  and  several  miles  in  length. 


Tennessee 
lant  timber 
Lch  are  not 
lever  forks, 
I  a  few  feet 
use  a  shade 
2ech  forest, 
rowded,  the 
ly,  and  will 
illy  the  pine 

was  an  un- 


BETURN     TO    TENNESSEE EMPLOYED    AS    CLERK   IN   AN 

HOTEL. 

I  remained  with  my  brother-in-law,  William  L. 
Smith,  some  fifteen  months,  and  then  returned  to  my 
father's  house.  In  the  fall  of  1826,  when  I  was  in  my 
nineteenth  year,  Uncle  Constant  Hardeman  and  wife 
came  to  visit  us  from  their  home  in  Rutherford  County, 
Tennessee  ;  and,  after  due  consideration,  it  was  deter- 
mined that  I  should  accompany  them  on  their  return. 
My  father  gave  me  a  horse  three  years  old  the  preced- 
ing spring,  a  saddle  and  bridle,  a  new  camlet  cloak,  and 


r| 


24: 


RECOLLECTIONS  OF  AN  OLD   PIONEER. 


ii! 


'1 


twenty-six  dollars  in  money  ;  and  my  mother  furnished 
me  with  a  good  suit  of  jeans.  We  usually  traveled 
about  thirty-three  miles  a  day.  My  young  horse  stood 
the  trip  well  at  the  beginning,  but  gradually  became 
exhausted,  so  that  by  the  time  we  reached  Nashville  it 
was  all  I  could  do  to  get  along.  My  pride  was  much 
wounded  by  my  situation.  Before  leaving  home,  I  had 
not  often  seen  the  inside  of  an  hotel  ;  and  I  was  there- 
fore very  green,  which  became  painfully  more  evident 
as  we  approached  the  older  settlements,  I  was  naturally 
diffident  when  young;  and,  when  I  arrived  in  Tennessee 
among  my  rich  kin,  I  at  once  recognized  my  compara- 
tive poverty  and  ignorance.  I  remember  that  the  first, 
time  that  I  ever  saw  Pope's  translation  of  the  Iliad  was 
at  the  house  of  Uncle  Constant  Hardeman,  soon  after 
my  arrival  there  ;  and,  had  it  been  gold  or  precious 
stones,  the  pleasure  would  not  have  equaled  that  which 
I  enjoyed.  I  was  very  fond  of  reading,  and  eagerly 
devoured  everything  that  fell  in  my  way.  But  when  I 
saw  that  my  relatives  were  rich,  and  valued  riches  more 
than  knowledge,  I  determined  that  I  would  employ  my 
energies  in  the  accumulation  of  a  fortune.  Conscious 
of  my  own  poverty,  ignorance,  and  homely  dress,  I  fan- 
cied that  I  was  sometimes  slighted  by  my  relatives.  I, 
however,  said  nothing,  made  no  complaints,  but  laid  it 
up  in  my  heart  that  I  would  some  day  equal  if  not  sur- 
pass them. 

After  spending  a  few  weeks  with  ray  uncle  Constant 
and  other  relatives  near  him,  I  visited  my  Uncle  Blaok- 
stone  Hardeman,  who  then  lived  in  Maury  County,  Ten- 
nessee, snd  who  was  upon  the  eve  of  removing  to  the 
Western  District,  a  new  portion  of  that  State,  to  which 
the  Indian  title  had  been  but  lately  extinguished,  and 
which  was  settling   up  rapidly  by  emigrants,  mainly 


\ 
\ 
'I 

If 


R. 


i 


EMPLOYED  AS  CLERK. 


25 


r  furnished 
[y  traveled 
dorse  stood 
Uy  became 
Sfashville  it 
5  was  much 
lome,  I  had 
was  there- 
3re  evident 
IS  naturally 
{  Tennessee 
y  compara- 
lat  the  first, 
le  Iliad  was 
,  soon  after 
or  precious 
that  which 
nd  eagerly 
But  when  I 
riches  more 
employ  my 
Conscious 
Iress,  I  fan- 
slatives.     I, 
but  laid  it 
I  if  not  sur- 

0  Constant 
ncle  Blaok- 
ounty,  Ten- 
i^ing  to  the 
e,  to  which 
uished,  and 
iits,  mainly 


'i 


I 

'■■t 

i 


from  the  older  localities  of  that  State.  As  I  was  out  of 
business,  I  decided  to  go  with  him  and  assist  him  to  make 
the  journey.  It  was  in  November,  and  we  had  heavy 
cold  rains  on  the  way,  making  it  a  hard  trip.  When 
we  arrived  at  his  new  farm  near  Bolivar,  Hardeman 
Couniy,  my  suit  of  jeans  was  pretty  well  gone,  the  el- 
bows of  my  coat  being  worn  out.  My  uncle  Blackstone 
succeeded  in  procuring  me  a  situation  as  clerk  at  the 
hotel  in  Bolivar,  kept  by  an  old  man,  Duguid  Mims.  It 
was  a  large  frame  building  covered  in,  the  floors  laid, 
the  outside  weatherboarded  up,  and  the  outside  doors 
hung  ;  but  the  inside  work  was  unfinished.  The  coun- 
try was  new,  and  men  at  a  hotel  or  on  a  steamboat  will 
generally  act  out  their  true  characters.  I  had,  therefore, 
a  good  school  of  human  nature,  and  found  a  great  deal 
of  it  in  mankind. 

My  salary  was  one  hundred  dollars  per  annum,  and 
ray  duty  was  to  wait  on  the  guests  at  the  table,  keep  the 
books,  and  collect  the  bills.  The  only  decent  articles 
of  dress  that  T  had  were  my  fur  hat  and  camlet  cloak. 
My  terra  of  service  commenced  om  1!  c  day  before  Christ- 
mas, and  there  was  a  great  frolic  mong  the  guests  at 
the  hotel.  Among  other  freak  3  committed  by  them, 
they  cut  up  into  narrow  strips  all  the  hats  they  could 
find  ;  and  as  mine,  with  others,  wai,  placed  on  a  large 
work-bench  in  tJ.c  main  hall,  it  fared  as  the  rest  did.  I 
was  exceedingly  green  and  awkward,  as  may  well  be  sup- 
posed ;  and  m-  :  uperf ections  were  the  more  remarked 
from  the  fact  uiat  I  succeeded  a  young  man,  of  the 
name  of  Outlaw,  who  understood  the  duties  of  the  po- 
sition well.  My  kind  old  employer  had  never  seen  me 
but  twice  before,  and  the  only  money  I  had  was  in  the 
hands  of  my  uncle,  who  lived  six  or  seven  miles  from 
town.     It  was  a  busy  time,  and  I  had  no  immediate  op- 


26 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


l: 


'  ■!( 


'1 


M  i 


portunity  to  communicate  with  him ;  and,  as  I  was 
ashamed  to  ask  Mr.  Mims  or  any  one  else  to  credit  me, 
I  was  compelled  to  go  bare-headed  for  a  week,  I  was 
the  subject  of  much  jesting,  was  badly  quizzed  and 
greatly  mortified  ;  but  I  worked  en  resolutely,  said  no- 
thing, and  was  always  at  my  post  of  duty.  In  about  a 
week  my  uncle  came  to  town,  and  I  stated  to  him  my 
situation,  and  through  his  influence  I  procured  another 
hat. 

By  assiduity  and  attention  I  soon  learned  the  duties 
of  my  new  position  ;  and  in  a^out  three  months  I  pro- 
cured a  new  suit  of  clothes,  the  first  suit  of  broadcloth 
I  ever  wore.  I  remember  overhearing  the  remarks  that 
were  made  when  I  first  put  it  on.  "  Do  you  see  Bur- 
nett ?     lie  is  coming  out." 

]My  employer  had  a  daughter  of  his  own,  and  two 
grown-up  step-daughters,  who  were  very  pretty  girls  ; 
but  they  considered  themselves  as  my  superiors,  and  I 
never  kept  their  company. 

I  remained  with  Mr.  Mims  five  or  six  months.  In 
the  spring  tlie  business  of  the  hotel  was  dull,  and  the 
inside  work  of  the  building  had  to  be  finished.  The  old 
man  was  very  enterprising,  dipping  into  almost  every- 
thing that  offered,  and  going  into  debt  pretty  freely  ; 
but  ho  was  very  industrious  and  honest.  As  there  was 
BO  little  travel  at  this  season,  and  as  Mr.  Mims  was  ex- 
tensively engaged  in  brick-making,  lie  Avould  take  the 
negro  boy  who  was  the  hostler  to  the  brickyard.  When 
any  guests  arrived,  I  first  waited  on  them,  then  took 
their  horses  to  the  stable,  fed  and  curried  tliem,  and 
saddled  them  up  in  the  morning  ;  and,  when  there  was 
nothing  else  to  do,  I  took  the  paint-brush  and  went  to 
painting  the  hotel  building.  I  knew  nothing  e  the 
business  at  first,  as  it  was  little  known  in  my  fornicr  lo- 


r*;^,*-',r-'-i».' 


i. 


SAMUEL  HOUSTON. 


27 


as  I  was 
credit  me, 
ik.  I  was 
izzed  and 
'■,  said  no- 
il about  a 
;o  him  my 
id  another 

the  duties 
iiths  I  pro- 
broadcloth 
marks  that 
>u  see  Bur- 

Q,  and  two 
etty  girls  ; 
iors,  and  I 

onths.     In 
[11,  and  the 
The  old 
riost  evcry- 
tty  freely  ; 
8  there  was 
ms  was  cx- 
Id  take  the 
rd.     When 
1,  then  took 
them,  and 
n  there  was 
md  went  to 
nn<X  o     the 
y  fornLcr  lo- 


cality ;  but  I  soon,  in  this  way,  learned  to  do  plain  paint- 
ing well. 

SAMUEL      HOUSTON — NEWTON      CANNON ANDREW     MAR- 
TIN— DAVID    CROCKETT ADAM    HUNTSMAN. 

One  day,  while  engaged  very  busily  in  painting  the 
cciliu^  o  crhead,  the  Rev.  W.  Blount  Peck,  who  w^as 
;-'  i'^  '  pen  a  store  on  Clear  Creek,  some  ten  miles 
irvu\  .' jolivar,  came  to  see  me,  and  said  that  he  wished 
to  employ  me  to  take  charge  of  the  entire  business  of 
selling  the  goods,  keeping  the  books,  and  collecting  the 
debts,  and  he  himself  would  purchase  the  goods.  lie 
offered  me  two  hundred  dollars  per  annum,  he  paying 
for  my  washing,  board,  and  lodging.  I  said  that  I  was 
engaged  to  serve  Mr.  Mims  for  one  year,  and  could  not 
violate  my  engagement,  but  would  lay  the  matter  be- 
fore him,  and  if  he  consented  I  would  take  charge  of 
the  store  upon  the  terms  stated.  Accordingly,  I  con- 
ferred With  Mr, ,  xiliL'is,  and  he  kindly  gave  me  permis- 
sion to  quit  \-m  co:-?ice,  saying  that  he  would  not  stand 
in  the  way   if  vay  j>romotion. 

Wh^.n  I  set  :  ut  m  life,  I  was  fully  conscious  of  my 
;  want  of  infoiinatx\  ,  and  I  at  first  decided  in  my  own 
mind  to  say  very  little,  but  listen  and  learn,  and  in  this 
way  avoid  exposure.  But  I  found,  from  practical  ex- 
perience, that  the  best  way  to  correct  errors  was  to 
make  them  known,  and  then  some  friend  would  kindly 
correct  them  for  you  ;  and,  if  no  friend  should  do  so, 
yourenem.'  -  would.  I  found  that  patient  and  intelli- 
gent pers;-*   .'  roe  almost  always  won. 

While  ill  he  hotel,  I  saw  General  Samuel  Houston, 
David  Crockett,  Adam  Huntsman,  Newton  Cannon, 
Andrew  Martin,  and  other  leading  men  of  Tennessee  ; 
and  I  heard   Houston,   Crockett,  and   Cannon  speak. 


ill; 
III  I 


28 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


1 
I 


ii  .4. 

I 


i 


Houston,  then  in  the  prime  of  life,  was  a  tall,  noble 
Virginian,  possessing  a  most  commanding  figure  and 
voice,  with  a  bold,  flowery,  and  eloquent  style  of  ora- 
tory. He  had  a  great  command  of  language,  and  spoke 
slowly,  emphatica'  ',  and  distinctly,  so  that  all  could 
hear  him,  and  all  wi;3  o  hear  him.     Newton  Cannon 

was  a  very  plain,  earii^  ,  forcible,  and  rapid  speaker, 
a  strict  logician,  but  not  a  popular  orator.  While  Hous- 
ton and  Cannon  were  speaking,  no  one  ever  laughed, 
as  they  never  dealt  in  amusing  anecdotes.  General 
Houston  never  succeeded  at  the  bar.  His  mind  was 
not  of  a  ^egal  cast.  Cannon  possessed  as  much  if  not 
more  legal  ability,  and  was  fully  Houston's  equal  in 
statesmansl'  ip  ;  but  he  could  not  command  the  admira- 
tion of  the  masses,  as  Houston  did. 

David  Crockett  was  a  man  of  another  cast  of  niind 
and  manner.  He  possessed  a  fine  natural  intellect,  good 
memory,  and  great  good  nature.  He  had  treasured  up 
all  the  good  anecdotes  he  had  ever  heard,  and  could 
readily  relate  many  striking  incidents  of  his  own  career. 
Fie  was  deficient  in  education,  and  had  no  practical 
knowledge  of  statesmanship  ;  but  he  was  willing  and 
able  to  learn,  and  had  the  patience  to  bear  ridicule  and 
reproach  tor  the  time  being.  He  was  an  off-hand  speak- 
er, full  of  anecdotes,  and  kept  a  crowd  greatly  amused. 
His  comparisons  and  illustrations  were  new  and  simple, 
but  strong  and  pointed.  Few  public  speakers  could  get 
any  advantage  of  David  Crockett  before  a  crowd  of 
backwoods  people.  His  f,  ^od-natured,  honest,  jolly  face 
would  remind  one  of  Dryden's  description 

"  Of  Bacchus — ever  fair  and  ever  young." 

I  knew  in  Hardeman  County  a  Baptist  preacher  of 
the  name  of  Casey,  one  of  Nature's  orators,  who  mur- 


I 


1 


W.  B.  PECK. 


29 


tall,  noble 
figure  and 
yle  of  ora- 

and  spoke 
b  all  could 
on  Cannon 
id  speaker, 
^hile  Hous- 
jr  laughed, 
I.     General 

mind  was 
luch  if  not 
's  equal  in 
the  admira- 

st  of  mind 
ellect,  good 
easured  up 
and  could 
)wn  career, 
o  practical 
billing  and 
idicule  and 
land  speak- 
;ly  amused, 
and  simple, 
8  could  get 
crowd  of 
t,  jolly  face 


)reacher  of 
,  who  mur- 


dered the  King's  English  in  every  sentence  and  mispro- 
nounced half  his  words.  Yet  he  was  so  eloquent  that 
one  forgot  these  defects,  and  they  almost  became  graces, 
as  they  were  peculiarities  with  him.  It  was  very  much 
so  with  David  Crockett.  Any  one  hearing  either  of 
these  speakers  would  wish  to  hear  him  again. 

W.  B.  PECK — JOHN  Y.  COCKRAM — PETER  MINNER. 

So  soon  as  Parson  Peck,  as  he  was  familiarly  called, 
had  finished  his  storehouse  (which  was  a  log -cabin 
about  eighteen  by  twenty  feet,  with  chinked  cracks, 
clapboard  roof,  and  puncheon  floor),  I  took  my  leave  of 
Bolivar.  The  stock  was  not  large,  and  Parson  Peck 
usually  made  his  purchases  upon  time  in  New  Orleans. 
He  did  a  general  credit  business,  the  debts  becoming 
due  about  Christmas,  and  payable  in  cotton,  which  was 
generally  delivered  in  the  seed  at  the  cotton-gin  near 
the  store,  a  receipt  taken  for  so  many  pounds,  and  the 
receipt  transferred  to  us.  Parson  Peck  was  a  Methodist, 
and  resided  about  ten  miles  from  the  store,  and  the  labor 
and  responsibility  of  conducting  the  business  necessarily 
fell  upon  me.  He  was  from  East  Tennessee,  and  was  a 
brother  of  Judge  Peck  of  the  Supreme  Court  of  Ten- 
nessee, and  of  Judge  Peck  of  the  United  States  District 
Court  for  Missouri.  It  was  a  talented  family,  and  Par- 
son Peck  was  a  man  of  fine  literary  ability.  His  wife 
before  her  marriage  was  a  Miss  Rivers,  a  sister  of  Dr. 
Rivers,  and  daughter  of  a  wealthy  planter  of  Hardeman 
County.  I  remember  him  and  his  lady  with  sentiments 
of  gratitude. 

The  mercantile  business,  especially  in  a  new  country, 
where  the  credit  system  prevails,  and  especially  where 
the  merchant  has  but  little  capital,  is  certain  to  prove 
a  failure.     As  my  employer  had  very  little  capital,  ho 


f! 


^' 


I)    !l! 


1 

I 


80 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


was  unsuccessful ;  and,  as  I  had  managed  the  business 
in  selling  and  collecting,  he  blamed  me  to  some  extent, 
though  I  did  not  wrong  him  at  all.  I  did  my  duty 
faithfully  to  the  utmost  of  my  ability.  In  turn,  I  cen- 
sured him  because  he  had  twice  pledged  the  same  debt 
to  two  different  creditors  of  his.  These  mutual  charges 
led  to  a  partial  estrangement,  which  continued  until  I 
left  the  State.  I  have  deeply  regretted  the  circum- 
stance. Upon  more  mature  reflection  I  became  satisfied 
that  the  act  of  pledging  the  same  book  account  to  two 
different  creditors  was  purely  a  mistake,  and  that  ho 
was  entirely  honest  in  his  intentions.  After  I  became 
satisfied  of  my  mistake  I  inquired  for  him,  and,  learning 
that  he  was  probably  in  Philadelphia,  I  wrote  a  kind 
explanation  to  him  directed  to  that  city.  I  desired  to 
do  him  all  the  justice  ii^  my  pow^r,  and  to  renew  to  him 
the  assurances  of  my  esteem  and  gratitude.  Whether 
he  received  my  letter  or  not  I  never  knew. 

While  I  was  doing  business  as  a  clerk  for  Parson 
Peck  in  the  winter  of  1827-'28,  a  circumstance  occurred 
that  made  a  lasting  impression  upon  my  memory.  It 
was  one  of  the  happy  incidents  of  my  life. 

There  were  two  farmers,  both  Methodists,  who  were 
in  partnership  in  a  cotton-gin  situated  near  the  store. 
John  Y.  Cockram,  aged  about  forty-five,  was  the  owner 
of  six  or  eight  slaves,  and  cultivated  a  plantation 
of  considerable  size  ;  while  Peter  Minner,  aged  about 
thirty-three,  was  not  the  owner  of  any  slaves,  but  had  a 
small  farm,  and  was  in  very  moderate  circumstances. 
John  Y.  Cockram  Avas  a  native  of  Now  Madrid  County, 
Missouri,  and  was  a  peculiar  man,  possessed  of  a  fine  in- 
tellect, pretty  well  improved.  I  never  met  any  one  who 
was  blessed  with  a  more  engaging  manner.  lie  was  a 
noble  man,  and  possessed  the  rare  power  of  governing 


i 

.i 


R. 


JOHN  Y.  COCKRAM. 


31 


he  business 
me  extent, 
d  my  duty 
urn,  I  cen- 
!  same  debt 
ual  charges 
lied  until  I 
he  circum- 
me  satisfied 
unt  to  two 
,nd  that  ho 
r  I  became 
id,  learning 
•ote  a  kind 
[  desired  to 
mew  to  him 
Whether 

for  Parson 
ce  occurred 
lemory.     It 

s,  who  were 
r  the  store. 
s  the  ownf^r 

plantation 
aged  about 
s,  but  had  a 
cumstances. 
rid  County, 
of  a  fine  in- 
my  one  who 

He  was  a 
F  governing 


others  without  the  use  of  force.  He  assured  me  that  he 
had  never  struck  one  of  his  children  a  blow  in  his  life, 
and  never  but  one  of  his  slaves,  and  chat  a  little  negro 
girl.  His  seven  or  eight  children,  and  all  of  his  slaves, 
were  exceedingly  dutiful,  and  devotedly  attached  to  him. 
Peter  Minner  was  a  man  of  plain  good  sense,  remarkable 
for  his  kind  and  humble  demeanor,  but  did  not  possess 
the  natural  intellect  or  literary  cultivation  of  Cockram. 
Minner  resided  near  the  gin,  and  Cockram  some  dis- 
tance from  it.  "When  the  gin  had  been  completed  Min- 
ner received  the  cotton  from  the  customers  and  super- 
intended the  business  generally,  Cockram  giving  his 
main  attention  to  his  plantation. 

After  they  had  been  doing  business  some  time,  and 
had  received  and  ginned  a  large  amount  of  cotton  for 
various  persons,  Cockram  came  one  day  and  said  to  me, 
in  confidence,  that  he  feared  there  was  something  wrong 
in  Minner's  accounts.  He  exhibited  to  me  the  partner- 
ship books,  kept  by  Minner,  and  we  examined  them  to- 
gether to  ascertain  the  true  state  of  the  case.  I  was 
myself  familiar  with  many  of  the  transactions,  as  I  was 
very  intimate  with  both  partners,  and  boarded  at  Min- 
ner's house.  For  my  life  I  could  not  see  how  Minner 
could  ever  explain  the  errors  apparent  upon  the  face  of 
the  books,  or  justify  himself.  It  seemed  to  be  as  clear 
a  case  of  fraud  as  facts  and  figures  could  make. 

Cockram  asked  me  what  he  ought  to  do.  I  told  him 
to  see  Minner  at  once,  state  to  him  plainly  his  fears,  and 
ask  for  an  investigation.  He  accordingly  called  upon 
Minner,  who  heard  his  statement  with  kindness  and  pa- 
tience, and  at  once  consented  to  refer  the  matter  to  two 
arbitrators,  chosen  by  the  consent  of  both  parties.  I 
was  one  of  the  arbitrators,  and  I  remember  the  manner 
of  Minner  during  the  investigation,  for  I  observed  him 


,  it|i|iiii 


iint  II 


32 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


closely.  He  kept  his  eyes  fixed  upon  the  floor,  except 
at  intervals,  when  returning  an  answer  to  a  point  made 
by  Cockram.  He  would  then  raise  his  large,  meek, 
black  eye,  look  me  full  in  the  face,  and  give  his  ex- 
planation. I  watched  his  eye,  and  could  read  his  very 
soul,  and  there  was  no.  guilt  there.  The  mild  and  pure 
expression  of  that  gentle  eye  went  to  my  inmost  heart. 
It  was  all  I  could  do  to  restrain  my  tears  ;  and  I  can 
never  think  of  that  most  beautiful  scene  without  emo- 
tion. Oh,  if  there  be  on  this  earth  one  object  more 
beautiful  than  all  others,  it  is  the  sweet  expression  of 
the  eye  of  a  just  man. 

The  arbitrators  had  no  decision  to  make.  Minner's 
explanations  were  so  clear  and  satisfactory,  that  the 
noble  Cockram,  without  waiting  to  hear  any  expression 
of  opinion  from  the  arbitrators,  sprang  to  his  feet  and 
exclaimed,  "  Gentlemen,  I  am  satisfied." 

This  incident  was  of  great  benefit  to  me  in  after- 
life. It  taught  me  a  beautiful  lesson.  I  had  rather 
look  for  men's  virtues  than  for  their  vices,  rather  err 
upon  the  side  of  charity  than  against  it,  and  prefer  to 
hear  both  sides  before  I  come  to  any  conclusiorj. 

The  two  men  remained  friends,  and  both  died  of 
fever  three  or  four  years  afterward,  each  leaving  a 
widow  and  several  children.  Cockram  became  the  sole 
owner  of  the  gin  ;  and,  after  his  crop  of  cotton  had  been 
gathered  one  fall,  the  gin  was  destroyed  by  fire,  and  his 
whole  crop  with  it.  When  informed  of  the  disaster, 
he  simply  replied,  "  These  hands  can  raise  more." 

COURTSHIP    AND    MARRIAGE. 

It  was  during  the  time  that  I  acted  as  clerk  for  Par- 
son Peck  that  I  became  acquainted  with  the  lady  who 
afterward  became  ray  wife.     There  are  two  very  im- 


COURTSHIP  AND  MARIIIAGE. 


33 


or,  except 
oint  made 
ge,  meek, 
re  his  ex- 
i  his  very 
and  pure 
lost  heart, 
and  I  can 
hout  emo- 
•ject  more 
ression  of 

Minner's 

that  the 

expression 

s  feet  and 

e  in  after- 
lad  rather 
rather  err 
I  prefer  to 

(J.  J. 

th  died  of 
leaving  a 
ne  the  sole 
n  had  been 
re,  and  his 
e  disaster, 
3re." 


rk  for  Par- 
B  lady  who 
o  very  im- 


portant epochs  in  one's  life  :  when  he  gets  married  him- 
self, and  when  he  gives  away  his  first  daughter.  To 
give  away  the  second  is  not  so  trying.  When  you  rear 
a  son,  knowing  as  you  do  all  his  traits  and  habits,  you 
can  form  some  probable  conclusion  as  to  his  future 
course  in  life  ;  but,  as  a  general  rule,  you  never  know 
your  son-in-law  well  until  some  time  after  his  marriage. 
My  wife's  father,  Peter  Rogers,  formerly  lived  in 
Wilson  County,  Tennessee,  where  his  children  were 
born.  The  fall  after  I  commenced  business  for  Parson 
Peck,  Mr.  Rogers  removed  to  a  farm  in  the  immediate 
neighborhood.  His  brother,  Dr.  John  Rogers,  had 
been  living  and  practicing  his  profession  in  that  vicinity 
for  one  or  two  years.  I  knew  the  doctor  well,  and  he 
was  often  at  the  store.  The  eldest  son  of  Mr.  Rogers, 
Hardin  J.,  was  a  finely  educated  young  man,  and  the 
first  time  I  ever  saw  him  I  loved  him — why,  I  could  not 
tell,  but  I  loved  him.  He  was  a  noble  young  man,  with 
a  fine  face  and  beautiful  black  eye,  my  favorite.  Mr. 
Rogers  had  two  daughters,  Harriet  W.  and  Sarah  M., 
the  first  sixteen  and  the  other  fourteen  years  of  age.  I 
often  heard  the  young  men  of  the  vicinity  speak  of  the 
two  sisters,  and  especially  a  young  friend  of  mine,  Cal- 
vin Stevens,  who  freque'itly  waited  upon  Miss  Harriet. 
He  was  a  very  pleasant  fellow,  and  was  very  fond  of  the 
society  of  the  ladies.  I  had  not  the  slightest  idea  of  mar- 
riage myself,  but  I  determined,  from  a  mere  mischiev- 
ous freak,  to  cut  out  Calvin.  I  was  satisfied  that  he 
had  no  serious  intention  of  marrying  any  one.  He  had 
a  very  fine  tall  figure,  handsome  face,  and  engaging 
manners.  In  these  respects  I  considered  him  my  supe- 
rior, but  I  thought  I  could  out-talk  him  ;  and  so  I  did. 
But,  when  I  had  succeeded  in  cutting  out  Calvin,  I 
found  myself  caught.      The  girl  had  won  my  heart. 


w 


^ 


34 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


«^ 


:-^. 


•m\ 


She  was  a  little  above  the  medium  height,  with  a  trim, 
neat  figure,  sparkling  black  eye,  handsome  face,  low, 
sweet  voice,  and  gentle  manners.  Her  father  and 
mother  were  admirable  people.  I  have  met  few  if  any 
better  people  than  Mother  Rogers.  Mr.  Rogers  was  a 
man  of  fine  common  sense,  had  a  kind,  generous  heart, 
good  habits,  and  a  most  determined  will.  He  had 
served  under  General  Jackson  in  the  Creek  war  ;  and, 
though  possessed  of  great  good  nature,  when  fully 
roused  he  was  as  brave  as  a  lion.  Himself,  wife,  and 
Miss  Harriet  were  Methodists.  Their  home  was  the 
abode  of  industry,  integrity,  and  peace.  I  liked  the 
family.  They  were  good  livers,  but  not  rich.  Mr. 
Rogers  was  an  indulgent  father  and  master,  and  a  good 
neighbor.  It  was  almost  impossible  to  involve  Mr.  and 
Mrs.  Rogers  in  neighborhood  quarrels,  those  pests  of 
society.  They  were  alike  esteemed  by  all,  both  rich 
and  poor.  I  never  saw  Mr.  Rogers  shed  a  tear,  though 
he  lost  his  wife  and  several  grown  children.  It  was  not 
his  nature  to  weep  either  for  joy  or  sorrow. 

I  was  not  for  some  time  aware  of  the  fact  that  I  was 
in  love  with  the  girl.  I  accompanied  her  home  one 
Saturday  ;  and  after  dinner  we  were  engaged  in  conver- 
sation for  some  two  or  three  hours.  At  last  it  suddenly 
occurred  to  me  that  it  was  time  I  should  go  home.  I 
hastily  bade  her  good  evening,  and  rushed  into  the  yard, 
and  happened  to  meet  her  father  passing  through  it.  I 
looked  around  for  the  sun,  and  was  amazed  to  find  that 
it  was  gone.  In  a  confused  manner,  I  inquired  of  Mr. 
Rogers  what  had  become  of  the  sun.  He  politely  re- 
plied, "  It  has  gone  down,  Mr.  Burnett."  I  knew  then 
that  I  was  in  love.     It  was  ajylain  case. 

When  I  found  myself  deeply  in  love,  I  considered 
the  matter  carefully.     I  remember  well  that,  on  the 


^ 


ER. 


I  iff 


COURTSniP  AND  MARRIAGE. 


35 


with  a  trim, 
e  face,  low, 
father  and 
t  few  if  any 
-ogers  was  a 
lerous  heart, 

I.  He  had 
k  war  ;  and, 

when  fully 
If,  wife,  and 
tne  was  the 
I  liked  the 
rich.  Mr. 
,  and  a  good 
)lve  Mr.  and 
ose  pests  of 

II,  both  rich 
;ear,  though 

It  was  not 

it  that  I  was 
•  home  one 
i  in  conver- 
it  suddenly 
o  home.  I 
to  the  yard, 
ough  it.  I 
to  find  that 
red  of  Mr. 
politely  ro- 
knew  then 

considered 
lat,  on  the 


■/m 


• 


night  of  that  same  Saturday,  I  laid  myself  down  upon 
the  hard  counter  (the  place  where  I  usually  slept)  with 
a  blanket  under  me,  and  a  roll  of  flannel  for  a  pillow, 
and  spent  the  whole  night  without  sleep,  debating  with 
myself  whether  I  should  go  the  next  day  and  make  a 
serious  speech  to  Miss  Harriet.  I  was  a  poor  clerk,  with 
nothing  to  depend  upon  for  a  living  but  my  own  exer- 
tions. This  was  a  powerful  objection  ;  but  my  heart 
won  the  day,  and  the  heart  is  sometimes  as  right  as  the 
head.  The  matter  was  decided  ;  and  it  is  my  nature  to 
act  promptly  when  I  have  once  determined  to  do  a 
thing.  Let  me  only  be  fully  satisfied  as  to  the  course 
to  be  pursued,  and  I  at  once  go  straight  to  a  point. 
The  next  day  I  went  to  see  Miss  Harriet.  I  was  not 
abrupt,  but  earnest  and  candid.  I  introduced  the  sub- 
ject discreetly,  made  the  best  speech  I  could,  and  se- 
cured her  consent  and  that  of  her  parents.  This  was 
early  in  June,  and  we  were  married  on  the  20th  of  Au- 
gust, 1828.  The  day  was  dark  and  rainy  until  about  an 
hour  before  sunset,  when  it  cleared  off  beautifully,  and 
the  sun  set  in  smiles.  I  hope  my  sun  of  life  ma^  set  as 
tranquilly  as  the  sun  of  that  day.  If  it  should  (and  I 
have  faith  to  believe  it  will),  my  wedding-day  will  have 
been  a  fit  emblem  of  my  life. 

I  was  of  the  opinion  that  I  could  go  through  the 
ceremony  without  trepidation,  and  I  felt  none  until  I 
passed  over  the  steps  across  the  yard  fence,  when  I  sud- 
denly felt  so  weak  that  I  could  scarcely  stand.  The 
guests  had  most  of  them  arrived,  and  were  in  the  yard 
looking  at  me  as  I  approached  the  house.  But  I  made 
iny  way  hastily  through  the  crowd,  and  my  acquain- 
tances each  rushed  forward,  saying,  "  How  are  you  ?  "  I 
was  so  confused  that  I  simply  held  out  my  right  hand 
for  each  one  to  shake  ;  and  when  my  cousin  Mary  Ilarde- 


36 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


^' 


man  spoke  to  me,  though  I  was  as  well  acquainted  with 
her  as  I  was  with  any  one,  I  did  not  know  her.  But, 
this  excitement  having  passed  away,  I  was  myself  again, 
and  was  not  confused  when  my  friend  Parson  Peck  per- 
formed the  ceremony.  When  married,  I  was  nearly 
twenty-one  and  my  wife  nearly  seventeen. 

I  owe  much  of  my  success  in  life  to  her.  Had  I  not 
married  early,  I  do  not  know  what  might  have  been  my 
course  in  life.  I  might  have  fallen  into  vicious  habits. 
Though  I  Aras  not  religious  myself,  I  loved  a  religious 
girl — there  is  something  in  piety  so  becoming  a  gentle 
woman.  My  wife  was  never  noisy,  fanatical,  or  wildly 
enthusiastic  in  her  religious  feelings  ;  but  she  was  very 
firm.  For  many  years  after  our  marriage  she  had  a 
hard  time  of  it  as  to  her  religion.  I  was  full  of  mischief, 
fond  of  jokes,  and  loved  festive  occasions  ;  and  I  used 
to  ur^e  her  to  go  with  me  to  dances,  but  she  always 
firmly  yet  mildly  refused.  She  has  always  been  a  wo- 
man of  few  Avords.  For  some  years  after  our  marriage, 
I  was  often  perplexed  to  understand  her  judgment  of 
persons.  It  frequently  happened  that  on  first  acquain- 
tance I  would  form  a  most  favorable  opinion  of  the  per- 
son ;  and,  when  I  would  ask  her  what  she  thought  of 
him,  she  would  say,  "  I  don't  like  him."  When  asked 
why,  she  could  give  no  reason.  She  knew  she  was 
right,  but  could  not  tell  why.  Her  knowledge  was  in- 
stinctive ;  but  generally  time  proved  the  correctness  of 
her  conclusions.  It  was  so  with  my  mother.  Her  judg- 
ment of  people  was  quick,  decisive,  and  generally  correct. 
When  a  family  claimed  to  have  been  once  rich,  though 
then  poor,  she  always  observed  whether  they  had  saved 
any  relics  as  mementoes  of  former  prosperity.  If  they 
had  not,  she  doubted  their  statements. 


XEER. 


PURCHASE  OF  THE  STORE. 


37 


cquainted  with 
ow  her.  But, 
3  myself  again, 
irson  Peck  per- 

I  was  nearly 
1. 
er.     Had  I  not 

have  been  my 
vicious  habits. 
7C(l  a  religious 
)ming  a  gentle 
tical,  or  wildly 
t  she  was  vcri/ 
age  she  had  a 
nil  of  mischief, 
IS  ;  and  I  used 
3ut  she  always 
ys  been  a  wo- 

our  marriage, 
r  judgment  of 

firs^  acquain- 
ion  of  the  per- 
le  thought  of 

When  asked 
new  she  was 
ledge  was  in- 
correctness of 

.  Her  judg- 
erally  correct. 
3  rich,  though 
ley  had  saved 
I'ity.     If  they 


PUnCIIASE    OF  THE    STORE — DEATH    OF   A   BUKGLAR. 

In  the  spring  of  1829  I  purchased  the  stock  of 
goods  of  Parson  Peck  at  original  cost,  on  eighteen 
months'  credit,  for  which  I  gave  him  my  promissory 
notes.  Most  of  these  notes  he  transferred  to  his  credi- 
tors. I  was  to  close  up  the  old  business.  I  built  me  a 
losr  cabin  near  the  store,  and  moved  into  it  about  the 
same  'me.  Everything  went  on  very  smoothly  during 
the  1829  ;  but  in  1830  I  found  I  could  not  replen- 

ish ii»,  stock  of  merchandise,  which  was  so  much  re- 
duced  that  I  was  unable  to  supply  the  wants  of  the 
locality,  and  could  not  well  dispose  of  the  remnants 
I  had  on  hand.  Our  household  furniture  was  remark- 
ably plain,  and  our  expenses  were  small. 

While  I  was  doing  business  for  myself,  I  purchased 
three  barrels  of  old  Monongahela  whisky,  which  I  re- 
tailed out  by  the  pint,  quart,  and  gallon.  It  was  a 
favorite  with  those  who  loved  liquor.  It  took  me 
about  three  months  to  retail  it  out,  and  during  this 
period  I  was  in  the  habit  of  taking  a  drink  in  the  morn- 
ing, and  occasionally  during  the  day.  I  was  not  aware 
that  I  loved  it  until  it  was  all  gone.  Then  I  found,  to 
my  surprise,  that  I  had  acquired  a  taste  for  it.  I  re- 
flected upon  the  fact,  and  went  into  a  sort  of  mathemat- 
ical calculation  under  the  "  simple  rule  of  three."  I  said 
to  myself :  "  If  in  three  months  I  have  acquired  so  much 
love  of  whisky,  how  much  would  I  acquire  in  three 
years?"  The  thought  alarmed  me,  and  I  soon  deter- 
mined that  I  would  abstain  entirely,  which  has  been 
my  general  practice.  As  I  do  everything  with  all  my 
might,  I  became  satisfied  that,  if  I  indulged  at  all,  I 
would  be  very  apt  to  do  some  very  tall  drinking.     Ilad 


38 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


!.  ■« 


■ill 


U 


I  not  been  a  married  man,  and  happy  as  such,  I  might 
have  fallen  into  this  fatal  habit. 

While  this  is  no  proper  place  for  a  long  discussion 
of  the  question  of  temperance,  I  will  make  a  few  re- 
marks, suggested  by  long  observation  and  experience. 
If  we  take  a  hundred  men  at  the  age  of  twenty-one 
who  entirely  abstain,  there  will  not  be  a  drunkard 
among  them.  If,  on  the  contrary,  we  select  a  hundred 
young  men  who  are  moderate  di'inkers  at  that  ago, 
there  will  in  due  time  be  ten  sots  out  of  that  number. 
As  no  man  can  tell  i7i  advance  whether  he  will  fall  or 
not,  he  incurs  a  risk  of  ten  per  cent,  in  drinking  at  all. 
If  two  young  men  of  anything  like  equal  ability  apply 
to  a  sound,  cautious  business  man  for  employment,  and 
one  abstains  and  the  other  does  not,  the  temperate  one 
is  almost  sure  to  be  preferred.  So,  if  a  young  man  is 
extravagant  and  spends  all  his  income,  saving  uji  no- 
thing, he  will  find  it  hard  to  obtain  employment.  But 
the  young  man  who  docs  not  drink,  and  who  saves  up 
a  reasonable  portion  of  his  salary,  gives  clear  proof  that 
he  has  a  due  command  over  his  tistcs  and  appetites — 
that  he  has  reflection,  honesty,  and  good  sense.  Such  a 
one  can  be  safely  trusted,  because  he  does  not  need  to 
steal.  In  the  history  of  embezzlements,  very  few  cases 
will  be  found  whore  the  party  was  temperate  and 
saving. 

My  father  never  used  tobacco  in  any  form  ;  and 
while  I  remained  with  hira  I  had  no  opportunity  and 
no  temptation  to  use  it  myself.  But  in  the  fall  of  1S27, 
while  I  was  in  charge  of  the  store  for  Parson  Pock,  I 
one  day  purchased  a  hundred  home-made  cigars,  and  iu 
the  evening  invited  some  young  friends  to  smoke  with 
mc.  I  knew  so  little  of  the  use  of  the  article  and  of  its 
effects,  that  I  never  onc^c  thought  of  its  making  mc  sick. 


d. 


mmmm 


^^ 


DEATH  OF  A  BURGLAR. 


39 


might 

fussion 
lew  re- 
fience. 
ty-one 
[nkard 
ndred 


age, 


ipply 


I  therefore  smoked  as  long  and  as  much  as  the  others. 
After  they  had  left  the  store,  I  became  exceedingly  sick. 
I  have  had  several  attacks  of  fever,  and  have  been  sea- 
sick at  different  times;  but  I  never  endured  sensations 
so  distressing  as  on  this  occasion.  It  seemed  as  if  the 
hills  were  rolling  over  upon  me. 

But  this  rash  experiment  proved  in  the  end  a  great 
benefit  to  rae,  and  I  was  amply  rewarded  for  my  suffer- 
ings. It  prevented  me  from  ever  using  tobacco  in  any 
form.     This  was  the  first  and  last  time  I  ever  smoked. 

lie  is  a  very  wise  man  who  profits  by  the  experience 
of  others,  without  waiting  to  suffer  himself  before  he 
learns.  If  I  could  only  place  my  views  in  the  minds  of 
young  men,  before  they  contract  the  useless,  expensive, 
often  offensive,  and  sometimes  positively  injurious  habit 
of  using  tobacco,  I  should  accomplish  a  great  good. 

It  is  our  plain  duty  to  give  as  little  pain  to  our  fel- 
low beings  as  we  reasonably  can.  The  man  who  uses 
tobacco  wastes  a  considerable  sum  in  the  course  of  a 
long  life,  which  justly  belongs  to  his  family.  It  is  al- 
most impossible  for  a  smoker  to  avoid  giving  great  j)ain 
to  others  at  times.  He  is  sure  to  smoke  at  improper 
times  and  in  wrong  places.  The  danger  of  using  tobac- 
co to  excess  is  so  great,  that  a  young  man  who  is  known 
to  use  it  will  find  it  far  more  difficult  to  procure  em- 
ployment. The  business  man  who  smokes  himself  would 
prefer  that  his  clerk  should  not.  The  use  is  undoubted- 
ly injurious  to  some  constitutions,  if  not  to  all  ;  and  no 
young  man,  about  to  learn  the  use  of  tobacco,  can  tell 
in  advance  how  much  ho  may  be  injured.  There  is, 
therefore,  a  useless  risk  incurred,  which  is  not  in  accord- 
ance with  good,  practical  business  sense;  and  the  habit, 
once  ac(}uired,  is  most  difficult  to  correct. 

During  the  time  I  was  retailing  liquor  above  men- 


1.,' 


m 

m 

1 


;(»'( 


ill 


I 


40 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


r 


^.1 


tioned,  in  1830,  a  melanclioly  circumstance  occurred, 
which  I  have  long  deeply  regretted,  "fly  stock  of  goods 
being  very  low,  and  my  wife  sick  with  fever,  I  removed 
her  to  her  father's  house,  about  a  mile  distant.  Par- 
son Peck  had  built  a  neat  frame  storehouse,  which  fell 
to  me  in  the  purchase.  My  brother-in-law,  Hardin  J. 
Rogers,  often  slept  at  the  store,  but  occasionally  no  one 
slept  there.  One  morning,  when  I  went  to  the  store,  I 
found  the  window-shutter  forcibly  broken  open  by  the 
use  of  some  flat  instrument,  about  the  size  of  a  two-inch 
chisel.  I  lay  there  myself  at  night  ,fatching  for  the 
burglar,  until  I  became  so  sleepy  that  I  could  keep 
awake  no  longer.  I  lay  upon  the  floor  behind  the 
counter,  with  a  loaded  shot-gun  on  'the  counter  above 
me,  determined  to  shoot  the  burglar  if  he  should  come 
and  enter  the  store.  The  window-shutter  was  generally 
fastened  with  an  iron  bolt  on  the  inside.  It  was  not 
fastened  this  night,  but  from  the  shutter  a  string  ex- 
tended to  the  handle  of  a  large  tin  coffee-pot  placed  by 
me  on  the  edge  of  the  counter,  so  that  opening  the  shut- 
ter would  at  once  throw  off  the  pot,  the  fall  of  which 
would  necessarily  make  a  great  noise.  I  kept  awake 
until  late  at  night,  when  I  fell  asleep.  In  the  morning 
I  found  the  pot  on  the  floor,  but  so  sound  was  my  slum- 
ber that  I  had  not  heard  it.  It  had  evidently  frightened 
the  burglar,  so  that  he  did  not  enter.  I  then  deter- 
mined I  would  try  another  plan.  I  securely  fastened 
the  shutter  and  placed  the  shot-gun  cocked  upon  the 
counter,  with  a  string  extending  from  one  end  of  the 
yardstick  to  the  shutter,  and  so  arranged  that  when  the 
shutter  was  forced  open  the  gun  would  go  off.  Next 
morning,  when  I  went  to  the  store,  I  found  a  negro  man 
lying  on  his  back  dead,  with  a  mill-pick  and  a  jug  by 
his  side.     He  had  broken  open  the  window-shutter  with 


i 


RETURN  TO  MISSOURI. 


41 


the  pick,  and  the  shot  and  one  bullet  had  entered  his 
forehead  and  produced  instant  death,  I  at  once' went 
to  Bolivar  and  told  the  circumstances  as  they  occurred, 
and  inquired  for  the  coroner.  My  friend  Major  John  II. 
Bills  told  me  confidentially  that  he  would  advise  me  not 
to  mention  the  fact,  as  it  might  involve  me  in  penalties  ; 
but  I  told  him  I  must  state  the  truth.  An  inquest  was 
duly  held,  and  I  was  called  as  a  witness,  but  told  I  was 
not  legally  bound  to  state  anything  that  would  tend  to 
crimiiiate  myself ;  but  I  stated  all  the  facts  truly.  I 
was  never  prosecuted,  and  the  owner  of  the  slave  never 
sued  mo  for  damages.  It  was  a  clear  case  of  justifiable 
homicide  under  the  laws  of  the  State.  Still,  in  after- 
life, I  have  deeply  regretted  the  act ;  and,  the  older  I 
become,  the  more  I  could  wish  it  had  never  occurred. 
The  poor  negro  was  fond  of  liquor,  and  wantetl  nothing 
else.  It  was  a  sad  case.  I  had  no  idea  who  it  could  be 
until  he  was  killed.  He  was  employed  at  a  mill  some 
two  miles  distant.  I  am  hard  to  excite,  but  when  fully 
aroused  my  natural  feelings  are  desperate.  But,  thank 
God,  through  his  mercy,  the  idea  of  shedding  human 
blood  is  now  terrible  to  me.  I  would  rather  bear  almost 
any  injury  than  take  human  life. 


,.,ij 


'Li 


RETURN   TO   MISSOURI — CROCKETT   AND   nUNTSMAN. 

My  brother.  Glen  O.  Burnett,  two  years  younger 
than  myself,  came  to  Hardeman  County,  and  married 
the  other  daughter  of  Mr.  Rogers,  January  G,  1830. 
In  the  fall  of  1830  Mr.  Rogers  moved  to  Clay  County, 
Missouri.  I  found  it  impossible  for  me  to  continue  the 
mercantile  business  in  that  locality  ;  and  I  decided  to 
close  up  my  business,  pay  my  debts,  and  study  law. 
My  brother  Glen  determined  to  return  to  Clay  County, 
Missouri,  where  my  father  had  given  him  a  tract  of 


HI 


;4 

«        ^:i 

i 

42 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


'f  Ml 


^ 


-I 


land.  I  also  decided  to  return  thither.  It  was  accord- 
ingly arranged  between  us  that  my  wife  and  little  son 
should  accompany  him,  while  I  remained  to  close  up  my 
business.  I  supposed  it  would  take  me  a  few  months. 
In  the  mean  time  Hardin  J.  Rogers  and  myself  sent  to 
Nashville,  by  my  cousin  John  M.  Hardeman,  and  pur- 
chased a  small  library  of  law-books,  containing  only  the 
elementary  works  upon  the  science.  We  boarded  and 
lodged  with  an  uncle  of  my  wife's,  William  Hardin, 
built  a  little  log  office,  and  prosecuted  our  studies  vigor- 
ously. I  had  my  old  business  to  wind  up,  and  had  to 
travel  about  the  country  a  good  deal,  endeavoring  to 
collect  debts  due  to  me,  in  which  effort  I  had  but  mod- 
erate success.  Cotton  was  low,  and  times  were  hard. 
When  my  notes  became  due,  they  were  placed  in  the 
hands  of  Austin  Miller,  Esq.,  a  lawyer  of  Bolivar,  for 
collection.  I  went  at  once  to  him  and  assigned  to  him 
all  debts  due  to  mo,  with  a  few  exceptions.  He  took 
the  assignment,  and  then  placed  the  debts  in  my  hands 
for  collection.  I  collected  all  I  could,  and  paid  the 
amounts  collected  to  him.  I  would  not  leave  the  State 
without  his  consent. 

In  the  fall  of  1831  new  troubles  assailed  us.  I  was 
first  attacked  with  fever,  and  then  Hardin  J.  Rogers 
was  attacked  in  turn.  I  recovered,  and  he  died.  Poor 
fellow  !     I  loved  him  as  a  brother,  and  he  was  worthy. 

After  remaining  in  Tennessee  thirteen  months,  and 
collecting  all  I  could,  there  was  still  a  considerable  sum 
due  upon  my  notes.  It  was  useless  to  remain  long<  r  ; 
and,  after  consultation  with  Austin  Miller,  and  with  his 
consent,  I  determined  to  accompany  my  wife's  uncle, 
George  M.  Pirtlo,  who  was  then  moving  from  Harde- 
man County  to  the  southwestern  portion  of  Missouri, 
as  far  as  the  Mississippi  River,  and  there  take  a  steamer 


H 


i 


'•^'•""^ 


RETURN  TO  MISSOURI. 


43 


^as  accord- 
little  son 
ose  up  my 
fv  months, 
elf  sent  to 
,  and  pur- 
only  the 
arded  and 
a  Hardin, 
lies  vigor- 
id  had  to 
voring  to 
but  mod- 
erc  hard. 
?d  in  the 
livar,  for 
?d  to  him 
He  took 
ny  hands 
paid  the 
the  State 

•    I  was 
.  Rogers 
I.     Poor 
ivorthy. 
ths,  and 
ble  sum 
long,  r ; 
svith  his 
I  uncle, 
Harde- 
issouri, 
itcamcr 


bound  to  St.  Louis.  This  was  in  March,  1832.  We 
traveled  on  slowly  with  wagons  and  teams,  stock  and 
family,  until  we  reached  the  river ;  and  there  we  sep- 
arated. My  finances  were  exceedingly  low,  and  I  was 
dressed  in  a  suit  of  jeans  with  my  elbows  out,  as  when 
I  arrived  at  Bolivar  five  years  before.  I  soon  took  a 
cabin  passage  on  a  large  steamer  ;  and  was  perhaps  the 
most  shabbily  dressed  man  in  the  cabin.  I  was  evi- 
dently considered  by  the  other  passengers  as  quite 
green,  as  some  of  them  soon  started  a  report  that  the 
small-pox  was  on  board.  But  I  saw,  from  the  glances 
they  gave  toward  me  and  the  winks  they  gave  their 
companions,  that  they  were  simply  aiming  to  quiz  me 
and  other  passengers.  I  said  nothing  and  paid  no  at- 
tention to  their  statements. 

We  arrived  safely  at  St.  Louis,  and  I  at  once  went 
up  and  down  the  shore  of  the  river  to  find  a  steamer  up 
for  Liberty  Landing  ;  but  I  could  find  only  one  for  the 
Missouri  River,  and  that  was  the  old  "Car  of  Com- 
merce," only  bound  to  Lexington,  about  thirty-five  miles 
below  my  point  of  destination.  I  had  only  $l5.69i  in 
my  pocket,  and  the  price  of  a  cabin  passage  was  $15  ; 
and  the  boat  would  not  leave  for  several  days.  I  there- 
fore debated  with  myself  whether  I  should  take  a  cabin 
or  deck  passage,  and  I  determined  that  I  would  stand 
erect  as  long  as  possible.  I  went  to  the  clerk  of  the 
boat  and  told  him  I  would  take  a  cabin  passage,  pro- 
vided he  would  allow  me  to  come  on  board  at  once, 
without  the  expense  of  staying  at  an  hotel.  To  this  lie 
at  once  assented. 

We  were  seven  days  making  the  trip  to  Lexington, 
and  arrived  there  on  Sunday  morning,  I  at  once 
crossed  the  IMissouri  River,  and  went  on  foot  eight 
miles  to  Richmond,  where  I  had  acquaintances,  from 


ip 


I  >''. 


li 


V 

i 
%  .1 

U  t  *  ■:    ^' 


I 


H  < 


AA 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


whom  I  hoped  to  procure  a  horse.  But,  it  being  Sun- 
day, I  could  find  no  one  at  home  that  I  knew ;  and  I 
continued  the  journey  on  foot  until  near  sundown,  when 
I  arrived  at  the  house  of  Winfrey  E.  Price,  about  twelve 
miles  from  Liberty.  I  was  not  much  sensible  of  fatigue 
until  I  made  an  effort  to  cross  the  fence  around  the 
yard,  when  I  found  it  was  all  I  could  do  to  throw  my 
right  foot  over.  I  had  traveled  the  distance  of  about 
twenty-two  miles.  The  next  day  I  made  my  way  to 
Liberty,  riding  a  portion  of  the  distance  on  a  led  horse, 
bareback.  At  Liberty  I  procured  a  horse  and  reached 
the  house  of  Mr.  Rogers  before  night.  I  found  my 
■wife  and  boy  well,  after  a  separation  of  fourteen  months. 
This  long  separation  was  one  of  the  hardest  trials  of  my 
life,  and  gave  us  perhaps  more  pain  than  any  other  ; 
not  only  because  it  was  long,  but  because  its  length  was 
not  anticipated  by  us,  and  our  young  and  fond  hearts 
were  not  prepared  to  meet  the  severe  trial. 

There  are  some  singular  coincidences  in  the  facts  of 
our  acquaintance  and  marriage.  My  wife  and  myself 
were  born  in  adjoining  counties  in  Tennessee,  but  our 
parents  never  knew  or  heard  of  each  other.  My  father 
moved  first  to  Williamson  County,  Tennessee,  then  to 
Howard,  and  lastly  to  Clay  County,  Missouri.  When  I 
was  nearly  grown,  circumstances  wholly  unforeseen  led 
me  to  return  to  Tennessee,  and  then  to  go  to  Bolivar,  and 
from  thence  to  Clear  Creek  ;  and  it  just  so  hai)poned 
that  INIr.  Rogers,  who  had  long  lived  on  the  same  farm 
in  Wilson  County,  moved  to  the  Western  District,  and 
located  in  my  immediate  neighborhood. 

While  I  was  in  Hardeman  County,  David  Crockett 
and  Adam  Huntsman  were  rival  candidates  for  Con- 
gress. Huntsman  was  elected  by  a  small  majority,  the 
race  being  very  close.     He  was  a  man  of  great  ability. 


CROCKETT  AND  HUNTSMAN. 


45 


eing  Sun- 
w;  and  I 
wn,  when 
ut  twelve 
)f  fatigue 
ound  the 

irow  my 
of  about 
way  to 
ed  horse, 

reached 
>und  my 

months. 
tls  of  my 
y  other ; 
igth  was 
d  hearts 

facts  of 

myself 

but  our 
Y  father 
then  to 
When  I 
een  led 
■ar,  and 
pponod 
e  farm 
ct,  and 


fully  equal  to  Crockett  in  native  intellect,  and  much 
his  superior  in  education  and  mental  training.  He  was 
distinguished  as  a  lawyer,  statesman,  and  wit.  Pos- 
sessed of  these  qualifications,  he  would  have  easily  beaten 
Crockett  in  an  old  community  ;  but  there  was  much  pre- 
judice in  the  minds  of  the  early  settlers  against  lawyers. 
This  objection  was  urged  against  Huntsman  ;  but  he 
met  it  with  great  good  humor  in  this  way.  He  wore  a 
wooden  leg  ;  and,  after  readily  conceding  that  there 
were  objections  against  the  profession  of  the  law,  he 
would  insist  that  his  was  an  exceptional  and  excusable 
case  ;  "  for,"  said  he,  "  I  could  not  work,  to  beg  I  was 
ashamed,  and  I  could  not  steal,  because  they  would  all 
know  it  was  Huntsman  by  his  track  ;  and  I  was  thus 
compelled  to  be  a  lawyer."  After  the  election  Crockett 
complained  through  the  newspapers,  giving  many  rea- 
sons for  his  defeat,  and  charging  his  opponents  with  un- 
fair dealing.  Huntsman  replied,  and  among  other  things 
paid  that  his  rival  had  not  given  the  best  reason  for  his 
defeat,  and  that  was,  he  did  not  obtain  votes  enough. 

This  objection  is  often  urged  against  lawyers  when 
candidates  for  seats  in  legislative  bodies.  A  very  infe- 
rior lawyer  was  a  candidate  for  the  Legislature  in  some 
county  in  Kentucky ;  and  a  distinguished  old  lawyer 
happened  to  overhear  some  citizens  say  they  would  not 
vote  for  him  because  he  was  a  lawyci.  The  old  lawyer 
at  once  stepped  up  to  them,  saying,  "  if  that  was  their 
onli/  objection,  they  might  safely  vote  for  him,  as  he 
was  not  lawyer  enough  to  hurt  him." 

In  the  Presidential  canvass  of  1828,  General  Jackson 
was  accused  by  some  of  his  political  opponents  of  being 
illiterate.  It  was  alleged  that  he  spelled  the  words  "all 
correct "  thus,  "  oil  korrect."  Hence  originated  the  ab- 
breviation "  0.  K." 


46 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Ifl 


About  the  year  1824,  a  gentleman  from  Kentucky, 
aged  twenty-five,  settled  in  Clay  County,  Missouri. 
While  his  education  was  exceedingly  limited,  he  pos- 
sessed a  superior  native  intellect.  He  was  a  splendid 
judge  of  human  nature,  and,  although  illiterate,  expressed 
his  views  of  men  and  measures  in  language  clear,  con- 
cise, and  strong.  lie  soon  proved  to  be  a  very  superior 
business  man,  and  ultimately  acquired  a  very  fine  es- 
tate, which  he  subsequently  lost  during  our  late  civil 
war.  When  he  first  arrived  in  Clay  County,  he  spelled 
Congress  thus,  "  Kongriss " ;  but,  like  the  Baptist 
preacher  Casey  (whose  name  is  mentioned  in  another 
page),  his  natural  ability  was  such  that  the  people  of 
his  district  elected  him  to  a  seat  in  the  State  Senate. 
While  attending  his  first  session  of  that  body,  he  was 
asked  how  low  the  mercury  fell  in  his  locality.  He 
promptly  replied,  "It  run  into  the  ground  about  a 
feet."  Hence  arose  the  saying,  "running  it  into  the 
ground." 

During  my  stay  in  Hardeman  County,  a  young  man, 
who  was  a  droll  and  eccentric  genius,  was  a  burlesque 
candidate  for  a  seat  in  the  Legislature  of  Tennessee.  His 
speeches  were  very  amusing.  In  addressing  the  people, 
he  declared  that  he  could  not  truly  say,  as  did  his  hon- 
orable competitors,  that  he  was  solicited  and  urged  by 
his  friends  to  become  a  candidate  ;  that  he  was  not  like 
some  animals,  whose  ears  you  had  to  pull  off  to  get  them 
out,  and  their  tails  to  get  them  back  ;  but  that  he  be- 
came a  candidate  voluntrrily,  and  was  running  on  his 
own  hook,  and  without  the  solicitation  of  his  friends, 
for  he  was  not  aware  that  he  had  any.  He,  or  some 
other  person,  about  that  time,  gave  a  very  forcible  de- 
scription of  a  vacillating  politician,  and  applied  to  him 
this  verse : 


em 


"0.  K.,"  "KONGRISS."  47 

«'  He  wabbled  in,  and  wabbled  out, 
Until  he  left  the  mind  in  doubt 
■Whether  the  snake  that  made  the  track 
Was  going  South,  or  coming  back." 

I  had  never  beard  of  this  verse  before,  and  have  not 
seen  or  beard  it  quoted  since,  and  can  not  say  whether 
it  was  original  with  the  speaker  or  not.  It  made  such 
an  impression  upon  my  memory  that  I  never  forgot  it. 


CHAPTER  II. 


■  ■<■; 


''    t 


ACT    AS    CLEEK    FOR    A    TIME — THEN    GO    INTO    THE    MER- 
CANTILE   BUSINESS    WITH  OTHERS. 

When  I  arrived  at  the  liouse  of  Mr.  Rogers,  in  Clay 
County,  in  the  month  of  April,  1832,  I  had  only  sixty- 
two  and  a  half  cents  left,  was  some  seven  hundred  dol- 
lars in  debt,  had  a  wife  and  one  child  to  support,  and 
was  out  of  employment.  I  had  studied  law  altogether 
about  six  months  only,  and  was  not  then  prepared  to 
make  a  living  at  the  practice  ;  and  I  therefore  deter- 
mined to  obtain  a  position  in  some  store  as  a  clerk.  I 
visited  Lexington,  Missouri,  where  John  Aull  then  did 
a  large  mercantile  business,  and  who  was  an  intimate 
friend  of  my  father  ;  but  he  had  no  vacancy  to  fill,  hav- 
ing all  the  help  he  required.  I  returned  to  my  father- 
in-law's  house  at  a  loss  what  to  do.  In  a  few  days  there- 
after Edward  M.  Samuel,  then  in  partnership  with  Sam- 
uel JNIoor  in  the  mercantile  business  in  Liberty,  returned 
from  Philadelphia  with  a  new  assortment  of  goods,  and 
yent  me  word  that  he  wished  to  see  me.  I  had  sent  for- 
ward by  water  from  Tennessee  my  little  household  fur- 
niture, and  my  best  clothes.  I  therefore  dressed  myself 
as  well  as  I  could,  and  promptly  went  to  see  Messrs. 
Samuel  and  Moor.  Mr.  S<*muel  was  the  active  partner, 
and  Mr.  Moor  the  capitalist  of  the  firm.     Mr.  Samuel 


ACT  AS  CLERK  FOR  A  TIME. 


49 


was  pleased  with  me,  and  asked  me  what  I  would  charge 
them  per  annum,  and  find  myself.  I  replied  that  I  had 
just  arrived,  and  did  not  know  what  I  ought  to  ask  ;  but 
that  I  had  heard  that  Mr.  Bird  had  a  salary  of  four 
hundred  dollars  per  annum,  he  finding  himself,  and  that 
1  thought  I  could  do  their  business  as  well  as  Mr.  Bird 
did  that  of  Mr.  Aull.  He  replied,  without  hesitation, 
that  they  would  give  me  the  same  salary,  and  let  me 
have  such  goods  as  I  might  want  for  myself  and  family 
at  a  price  below  the  ordinary  retail  price  of  the  store. 
Mr.  Bird  had  been  a  schoolmate  of  mine  in  old  Frank- 
lin in  1820. 

I  at  once  removed  with  my  family  to  Liberty,  rented 
a  log-house  for  twenty-five  dollars  a  year,  and  set  to 
work  manfully.  Expenses  were  then  light  in  Liberty. 
Pork  was  one  dollar  and  fifty  cents  per  hundred 
pounds,  wood  one  dollar  a  cord,  flour  very  cheap, 
corn  meal  twenty-five  cents  a  bushel,  potatoes  twenty 
cents  per  bushel,  chickens  seventy-five  cents  per  dozen, 
and  eggs  fifteen  cents  a  dozen. 

I  remained  in  the  employment  of  Samuel  &  Moor 
fifteen  months,  and  they  urged  me  to  remain  longer, 
offering  to  increase  my  salary  ;  but,  having  pretty  well 
paid  up  my  debts,  I  determined  to  go  into  the  law.  I 
obtained  a  license  to  practice  from  Judge  Tompkins,  of 
the  Supreme  Court  of  Missouri,  purchased  a  house  and 
lot  in  Kichmond,  Missouri,  for  the  small  sum  of  eighty 
dollars,  repaired  the  same,  and  was  on  the  eve  of  going 
there  to  reside  and  practice  my  profession,  when  I  re- 
ceived a  proposition  froru  jaroes  M.  and  G.  L.  Hughes 
to  enter  into  partnership  in  the  mercantile  business  with 
them,  upon  very  advantageous  terms.  They  were  to 
furnish  a  cash  capital  of  eight  thousand  dollars,  while  I 
was  not  required  to  contribute  any,  and  each  partner 


w, 


'  •  A 


i  ■  1 


¥  m 


50 


RECOLLECTIONS  OP  AN  OLD  PIONEER. 


was  to  give  his  personal  services  to  the  business  and 
have  one  third  of  the  profits. 

At  that  time,  the  mercantile  business  was  prosperous, 
w^hile  the  practice  of  the  law  was  at  a  low  stage,  there 
being  very  little  litigation  in  the  country.  I  was  still 
anxious  to  make  a  fortune,  and  this  was  the  best  oppor- 
tunity that  offered.  We  entered  into  partnership  at 
the  beginning  of  1834,  and  received  our  first  supplies 
in  the  spring  of  tliat  year.  We  did  a  safe,  good  busi- 
ness that  season,  and  I  went  East  in  the  beginning  of 
1835  to  make  the  annual  purchases.  In  1836  we  took 
into  the  firm,  as  a  partner,  Colonel  John  Thornton,  one 
of  the  wealthiest  men  of  Clay  County,  who  contributed 
five  thousand  dollars  cash  capital  ;  thus  making  our 
total  cash  capital  thirteen  thousand  dollars,  which  was 
large  for  that  time  and  country.  We  continued  this 
firm  until  the  middle  of  1837,  when  Thornton  and  my- 
self purchased  the  interest  of  James  M.  and  G.  L. 
Hughes  ;  and  I  went  East  in  the  beginning  of  1838  to 
procure  a  new  stock  of  goods.  By  the  agreement  be- 
tween them  and  us,  we  were  to  occupy  the  storehouse, 
which  belonged  to  James  M.  Hughes,  until  the  first  of 
May,  1838.  It  was  understood  between  Colonel  Thorn- 
ton and  myself  that  he  should  erect  a  storehouse  upon 
a  lot  he  owned  in  Liberty,  and  have  it  ready  by  the  time 
the  lease  should  expire.  I  made  a  very  successful  trip 
to  Philadelphia,  and  returned  with  our  new  goods  about 
the  first  of  April,  but  found  the  storehouse  unfinished. 
The  Colonel  had  employed  a  man  to  lay  the  stone  foun- 
dation, who  did  the  work  so  badly  that  it  became  neces- 
sary to  tear  it  down  and  rebuild.  Our  sales  were  fine 
during  the  month  of  April ;  but  when  the  first  of  May 
arrived,  no  house  on  the  Public  Square  could  be  ob- 
tained in  which  we  could  open  our  goods  ;  and  we  were 


^ 


WiiBiiiif 


fs  and 


erous, 

there 

8  still 

ppor- 

ip  at 

)plie8 

busi- 

figof 

took 

>  one 

^ 

mted 

m 

our 

m 

was 
this 

-  j'p 

mj- 

.•48- 

r.    L. 

1 

THEN  GO  INTO  THE  MERCANTILE  BUSINESS.      51 

compelled  to  box  them  up  in  part,  and  send  another 
portion  of  them  to  the  country,  where  we  did  but  a 
poor  business.  The  new  store  was  finished  and  occu- 
pied in  October  ;  but  the  season  for  our  summer  goods 
had  passed,  o  ^  customers  had  gone  to  other  houses, 
and  we  could  not  reclaim  our  lost  position.  The  result 
was  a  heavy  loss  to  us.  But  besides  this,  the  monetary 
revolution  of  1837-38  had  reached  us,  and  a  great  num- 
ber of  oui  customers  failed,  enough  to  absorb  all  the 
profits  of  the  former  firm,  and  more  than  enough  to 
swallow  up  those  of  Thornton  &  Burnett. 

Toward  the  '"lose  of  1834  my  brother  Glen  visited  me 
on  one  occa  ion,  .[id  told  me  it  was  almost  impossible 
for  him  to  make  a  living  on  his  little  farm  ;  and  that, 
as  his  family  bade  fair  to  be  large,  he  did  not  know  what 
to  do.  A  plan  at  once  occurred  to  me.  Said  I,  "  Will 
you  do  as  I  advise  ?  "  He  replied  "  Yes."  "  Then  go 
home,  sell  all  you  have,  raise  all  the  money  you  can,  and 
I  will  put  in  as  much  as  you  do  ;  and  I  will  bring  you 
out  a  ^mall  stock  of  goods  in  the  spring,  and  you  have 
the  bouse  ready  to  receive  them  when  they  shall  arrive." 
He  at  once  acted  on  my  suggestion  and  established  the 
store  at  Barry,  a  small  place  ten  miles  west  from  Liber- 
ty. Here  he  did  well  for  a  year  or  two  ;  but,  by  the 
advice  of  others,  we  engaged  in  building  and  running  a 
steam  saw-mill  and  distillery,  which  entailed  upon  us  a 
heavy  loss.  It  somehow  or  other  always  happened  so 
with  me,  that  whenever  I  had  anything  to  do  with  li- 
quor, either  in  making  or  selling  it,  some  misfortune 
would  befall  me.  I  have  a  dread  of  steam  saw-mills, 
steam  distilleries,  and  the  mercantile  business  generally. 

In  1837  William  L.  Smith,  one  of  my  brothers-in- 
law,  came  into  partnership  with  Glen  and  myself  ;  and 
the  new  firm  borrowed  of  John  AuU  the  sum  of  ten 


if 

M 

I 
]m 

i  j 

I 


'I 


52 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


thousand  dollars,  with  interest  at  tlie  rate  of  ten  per 
cent,  per  annum,  the  principal  payable  in  five  years  af- 
ter 1838.  Mr.  Smith  and  myself  became  in  time  the  solo 
partners,  my  brother  Glen  having  retired.  I  had  myself 
finally  to  pay  most  of  the  losses  of  Glen  O.  Burnett  & 
Co.  (Glen  O.  and  Peter  H.  Burnett),  which  amounted 
to  some  two  thousand  dollars,  the  loss  mainly  caused  by 
that  steam  saw-mill  and  distillery.  Mr.  Smith  and  my- 
self were  equally  unfortunate  ;  and,  after  prosecuting 
the  business  five  years  with  unremitting  energy,  I  found 
myself  in  debt  to  the  extent  of  about  fifteen  thousand 
dollars. 

My  partners,  Colonel  Thornton  and  Major  Smith, 
were  men  of  capital,  and  no  creditor  of  either  firm  lost 
anything.  But  I  was  only  the  business  man,  with  little 
or  no  capital  ;  and  I  lost  five  years'  time  and  expenses, 
and  a  great  deal  more  besides.  I  was  unable  to  make 
up  my  portion  of  the  partnership  losses  in  the  firms  of 
Thornton  &  Burnett,  and  Smith  &  Burnett,  or  to  pay 
the  amount  I  had  used  for  my  support.  I  lost  in  both 
firms. 


KETUEX     TO     THE     LAAV  —  EMPLGYEI)     BY     THE     MORMON 
ELDERS rROCEEDINGS    ON    HABEAS    CORl'lTS. 

From  the  latter  part  of  1833  to  the  middle  of  1838  I 
had  not  opened  a  law-book,  and  had  forgotten  nmch  of 
that  which  I  had  learned.  In  the  spring  and  summer  of 
1838  I  had  an  attack  of  sickness,  which  prevented  me 
from  doing  any  business  for  several  months.  After  my 
recovery,  foreseeing  what  might  be  the  result  of  my  mer- 
cantile operations,  I  read  the  Statutes  of  Missouri,  and 
studied  well  the  decisions  of  the  Supreme  Court  of  that 
State,  in  the  fall  and  w.'nter  of  1838-'39. 

In  the  beginning  ol  1839  I  determin*  ^  once  more  to 


II 


■mm'' 


..*\W..-^y*.«.r-t*W.-.. 


RETURN  TO  THE  LAW. 


53 


ten  per 

rears  af- 

myself 
'nett  & 
nountecl 
Uised  by 
Hid  my. 
•cutiiig 
found 
lousund 

Smith, 
'•m  Jost 
li  littJo 
penses, 
?  make 
'■nis  of 
o  pay 
»  botii 


RAIOX 


try  the  law,  and  to  bid  a  final  adieu  to  the  mercantile 
business.  Circumstances  were  favorable.  After  my 
arrival  in  Liberty  in  April,  1832,  I  was  a  member  of  a 
debating  society,  and  in  1838  I  engaged  to  some  extent 
in  the  political  contests  of  that  time,  and  made  several 
stump  speeches.  I  also  edited  a  weekly  newspaper, 
"  The  Far  West,"  published  in  Liberty.  My  services 
were  gratuitous,  as  I  desired  improvement,  not  salary. 
I  had  therefore  acquired  some  reputation  as  a  speaker 
and  writer.  Besides,  the  Mormon  difficulties  of  1838- 
'39,  which  led  to  their  final  expulsion  from  Missouri, 
produced  a  heavy  amount  of  litigation. 

The  lawyers  with  whom  I  came  mainly  in  compe- 
tition had  been  at  the  bar  from  eight  to  fifteen  years  ; 
and  among  them  weiv  D.  R.  Atchison,  William  T. 
Wood,  Amos  Rees,  A.  W.  Doniphan,  John  Gordon, 
Andrew  S.  Hughes,  and  William  B.  Almond.  Austin 
A.  King  was  then  our  Circuit  Judge.  Atchison  Avas  a 
member  of  the  Legislature,  and  Doniphan  had  been 
sick,  and  was  for  some  months  unable  to  attend  to  busi- 
ness. These  combined  circumstances  threw  into  my 
hands  a  considerable  practice  the  first  year.  I  remem- 
ber that  among  the  first  suits  I  brought  were  several  for 
debt  against  some  of  the  Mormons  in  Caldwell  County, 
some  thirty  miles  from  Liberty.  I  had  to  begin  them 
at  once,  as  the  circumstances  would  not  admit  of  delay. 
I  had  no  books  to  refer  to,  and  had  to  draw  up  the 
declarations  from  memory.  I  therefore  stated  the  facts 
substantially,  but  in  a  form  most  untechnical.  These 
declarations  caused  considerable  amusement  ;  but  I 
amended  them,  and  obtained  my  judgments. 

In  the  beginning  of  1839,  Amos  Rees,  A.  W.  Doni- 
phan, and  myself  were  employed  as  counsel  by  Joseph 
Smith,  Jr.,  Sidney  Rigdon,  Lyman  Wight,  and  other 


■m 


M  1^ 


64 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Mormon  leaders,  then  in  Liberty  jail,  they  having  been 
committed  by  Judge  King  for  treason,  arson,  and  rob- 
bery, alleged  to  have  been  committed  in  Davis  County. 
There  was  no  jail  in  that  county,  and,  as  Liberty  jail 
was  the  nearest  secure  prison,  they  were  confined  there 
until  the  meeting  of  the  Circuit  Court  of  Davis  County, 
in  March,  1839.  An  investigation  had  been  had  in  De- 
cember, 1888,  at  Richmond,  before  Judge  King  as  com- 
mitting officer,  in  which  I  had  not  participated,  though 
present.  The  Mormons  had  been  driven  from  Jackson 
County  in  1833,  and  had  taken  refuge  in  Clay ;  and, 
after  remaining  there  a  year  or  two,  they  had  moved  to 
the  new  prairie  county  of  Caldwell,  north  of  Clay, 
where  they  advanced  rapidly  with  their  improvements, 
until  interrupted  by  the  difficulties  of  the  fall  of  1838. 

We  had  the  prisoners  out  upon  a  writ  of  habeas  cor- 
pus, before  the  Hon.  Joel  Turnham,  the  County  Judge 
of  Clay  County.  In  conducting  the  proceedings  before 
him  there  was  imminent  peril.  The  people  were  not 
only  incensed  against  the  Mormons,  but  they  thought  it 
was  presumption  in  a  County  Judge  to  release  a  pris- 
oner committed  by  a  Circuit  Judge.  The  law,  however, 
considered  all  committing  magistrates — judges  of  courts 
as  well  as  justices  of  the  peace — as  equals  when  acting 
simply  in  that  inferior  capacity.  We  apprehended  that 
we  should  be  mobbed,  the  prisoners  forcibly  seized,  and 
most  probably  hung.  Doniphan  and  myself  argued  the 
case  before  the  County  Judge — Mr.  Rees,  who  resided 
in  Richmond,  not  being  present.  All  of  us  were  in- 
tensely opposed  to  mobs,  as  destructive  of  all  legitimate 
government,  and  as  the  worst  form  of  irresponsible 
tyranny.  We  therefore  determined  inflexibly  to  do  our 
duty  to  our  clients  at  all  hazards,  and  to  sell  our  lives 
as  dearly  as  possible  if  necessary.     Wo  rose  above  all 


I 


EMPLOYED  BY  THE  MORMON  ELDERS. 


55 


'^ng  been 
iind  rob- 
County. 
)erty  jail 
ed  there 
County, 
d  in  De- 
as  com- 
thougli 
J^ackson 
y;  and, 
oved  to 

'ments, 
1838. 
as  cor- 
Judge 
before 
re  not 
ight  it 
'  pris- 
i^ever, 
iourts 


fear,  and  felt  imy^-essed  with  the  idea  that  we  had  a 
sublime  and  perilous  but  sacred  duty  to  perform.  We 
armed  ourselves,  and  had  a  cirele  of  brave  and  faithful 
friends  armed  around  us  ;  and,  it  being  cold  weather, 
the  proceedings  were  conducted  in  one  of  the  smaller 
rooms  in  the  second  story  of  the  Court-House  in  Lib- 
erty, so  that  only  a  limited  number,  say  a  hundred  per- 
sons, could  witness  the  proceedings. 

Judge  Turnham  was  not  a  lawyer,  but  had  been  in 
public  life  a  good  deal,  and  was  a  man  of  most  excellent 
sense,  very  just,  fearless,  firm,  and  unflinching  in  the 
discharge  of  his  duties.  We  knew  well  his  moral  nerve, 
and  that  he  would  do  whatever  he  determined  to  do  in 
defiance  of  all  opposition.  While  he  was  calm,  cool, 
and  courteous,  his  noble  countenance  exhibited  the  high- 
est traits  of  a  fearless  and  just  judge. 

I  made  the  opening  speech,  and  was  replied  to  by  the 
District  Attorney  ;  and  Donijihan  made  the  closing 
argument.  Before  he  rose  to  speak,  or  just  as  he  rose, 
I  whispered  to  him  :  "  Doniphan  !  let  yourself  out,  my 
good  fellow  ;  and  I  will  kill  the  first  man  that  attacks 
you."  And  he  did  let  himself  out,  in  one  of  the  most 
eloquent  and  withering  s].:eeche8  I  ever  heard.  The 
maddened  crowd  foamed  and  gnashed  their  teeth,  but 
only  to  make  him  more  and  more  intrepid.  lie  faced 
the  terrible  storm  with  the  most  noble  courage.  All  the 
time  I  sat  within  six  feet  of  him,  with  my  hand  upon  my 
pistol,  calmly  determined  to  do  as  I  had  promised  him. 

The  Judge  decided  to  release  Sidney  Rigdon,  against 
whom  there  was  no  sufficient  proof  in  the  record  of  the 
evidence  taken  before  Judge  King.  The  other  prisoners 
were  remanded  to  await  the  action  of  the  grand  jury  of 
Davis  County.     Rigdon  was  released  from  the  jail  at 


I? 


jt'l 


!l 


night  to  avoid  the  mob. 


56 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


ORATION  BY  SIDNEY  BIGDON. — SERMON  BY  JOSEPH  SMITH, 
JR. — BATTLE  BETWEEN  THE  DANITES  AND  CAPTAIN 
BOGARD. 

If  I  remember  correctly,  it  was  in  the  spring  of  1838 
tliat  Smith  and  Rigdon  came  from  Kirtland,  Ohio,  to  Far 
West,  tlie  county  seat  of  Cakhvell  County,  Missouri. 
Rigdon  delivered  an  oration  on  the  Fourth  of  July, 
1838,  at  Far  West,  in  which  ho  assumed  some  extraor- 
dinary positions  in  reference  to  the  relation  the  Mor- 
mons sustained  to  the  State  Government.  This  dis- 
course gave  great  offense  to  the  people  of  the  adjoining 
counties,  particularly  to  those  of  Ray  and  Davis.  Seri- 
ous difficulties  were  evidently  brewing. 

I  well  remember  the  first  time  1  ever  saw  .Tosepli 
Smith,  Jr.  I  arrived  at  Far  West  one  Saturday  even- 
ing in  June  or  July,  1838,  and  found  there  John  McDan- 
iel,  a  young  merchant  of  Liberty.  John  was  wild,  im- 
prudent, and  fond  of  frolics.  On  Saturday  he  had 
openly  ridiculed  Smith's  pretensions  to  the  gift  of 
projihecy,  and  his  remarks  had  been  reported  to  the 
prophet.  On  Sunday  John  and  myself  went  to  hoar 
Smith  preach.  The  church  was  a  large  frame  build- 
ing, with  seats  well  arranged  and  a  good  pulpit.  We 
were  treated  with  great  politeness,  and  khully  shown 
to  seats  that  commanded  a  full  view  of  the  whole  pro- 
ceedings. The  congregation  was  large,  very  orderly, 
and  attentive.  There  were  officers  to  show  people  to 
their  seats,  who  were  most  polite  and  efficient  in  the 
discharge  of  their  duties. 

Two  sermons  were  delivered  by  other  preachers, 
which  were  simply  plain,  practical  discourses,  and  cre- 
ated no  emotion.  ]5ut,  when  Joseph  Smith,  Jr.,  rose  to 
speak,  he  was  full  of  the  most  intense  excitement.     He 


I 


'I 


hi 


j«*r-?|p>a)»:.. 


*..-»,W  ^>«.i*\.^ 


S3301SE 


ORATION   BY  SIDNEY  RIGDON. 


67 


SMlTir, 


boldly  denounced  McDaniel  in  the  most  severe  terms, 
saying,  in  substance,  thut  no  man  should  come  to  Far 
West  and  openly  vilify  and  slander  him,  and  that,  if 
his  brethren  would  not  protect  him,  he  would  protect 
himself.  I  had  not  heard  of  the  remarks  of  McDaniel, 
and  was  wholly  taken  by  surprise.  I  watched  him  as 
he  sat  by  my  side,  and  he  was  as  pale  as  a  corpse,  but 
did  not  stir  or  open  his  lips.  The  Mormon  audience 
were  deeply  moved,  but  preserved  good  order.  After 
the  services  were  ended,  McDaniel  requested  me  to  go 
with  him  to  see  Smith,  and  we  did  so.  An  explanation 
was  made  on  both  sides,  and  the  matter  there  terminated. 

The  Mormons  extended  their  settlements  into  the 
adjoining  county  of  Davis,  at  a  place  called  Adam  on 
Diamon,  the  name  being  significant  of  some  religious 
idea  which  I  have  forgotten.  The  people  of  Davis 
(who  were  rather  rude  and  ungovernable,  being  mostly 
backwoodsmen)  were  very  much  opposed  to  this,  al- 
though the  Mormons  had  paid  for  the  lands  they  occu- 
pied. The  Mormons  insisted  on  their  legal  rights  as 
citizens  of  the  State,  while  the  people  of  Davis  deter- 
mined that  they  should  not  vote  in  that  county  at  the 
August  election  of  1H38. 

When  the  election  came  on,  the  men  of  Davis  County 
made  an  effort  to  prevent  the  Mormons  from  voting  at 
that  precinct.  A  fight  ensued,  in  which  the  Mormons 
had  the  best  of  it.  Other  difficulties  followed,  until 
Lyman  Wight,  at  the  head  of  the  Mormon  forces,  in- 
vaded Davis  County,  most  of  which  he  overran,  driving 
all  before  him.  General  D.  R.  Atchison,  then  com- 
manding the  militia  in  that  part  of  the  State,  ordered 
Captain  liogard,  of  Ray  County,  to  call  out  his  militia 
(fompany  and  occupy  a  position  on  or  near  the  county 
line  between  R.ay  and  Caldwell,  and  preserve  the  peace 


' 


58 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


ii-  i 


i  M 


between  the  people  of  the  two  counties.  But  Captain 
Bogard  was  not  a  very  discreet  man,  and  his  men  were 
of  much  the  same  character.  Instead  of  confining  him- 
self and  his  men  within  the  limits  of  his  owm  county,  he 
marched  one  day  into  the  edge  of  Caldwell,  and  was  not 
only  rather  rude  to  the  Mormons  residing  there,  but  ar- 
rested one  or  two  of  them,  whom  he  detained  for  some 
little  time. 

Information  of  this  proceeding  was  conveyed  to  Far 
West  that  same  evening  ;  and  Smith  at  once  ordered 
Captain  Patton,  with  his  Danite  band,  to  march  that 
night  and  attack  Bogard.  Captain  Bogard  had  retired 
into  the  edge  of  Ray  County,  and  encamped  in  a  narrow 
bottom  on  the  banks  of  a  creek,  among  the  large  scat- 
tering oak  timber,  and  behind  a  slough-bank  some  four 
feet  high.  He  apprehended  an  attack,  and  had  well 
selected  his  ground.  The  wagon-road  crossed  the  stream 
just  below  his  encampment,  and  the  road  ran  down  the 
top  and  point  of  a  long  ridge,  covered  thickly  with 
young  hickories,  about  ten  feet  high  and  from  one  to 
two  inches  in  diameter  at  the  ground.  No  one  could 
be  seen  approaching  the  encampment  until  arriving 
within  a  short  distance  of  it ;  but  Captain  Bogard  had 
placed  out  a  picket-guard  on  the  road  some  half  mile 
above,  at  a  point  where  open  woods  commenced. 

I  remember  well  one  of  the  two  guards.  His  name 
was  John  Lockhart,  a  tall  East  Tennesseean.  Just  be- 
fore day  the  Mormons  were  seen  approaching,  and  were 
hailed  by  the  guards  ;  but,  receiving  no  satisfactory  .an- 
swer, the  guards  fired  and  then  fled  to  the  camp.  Ore 
of  the  Mormons  was  killed  here,  but  they  fired  no  shot 
in  return,  made  no  halt,  but  continued  their  riarch  in 
silence  and  good  order,  and  drew  up  in  line  of  battle 
immediately  in  front  of  Bogard's  position,  and  about 


MikUkiuiaiaiiliLiiuiMi 


MILITIA  ORDERED   OUT. 


59 


Itain 
^ere 
lim- 
h  he 
not 
ar- 
)me 


forty  yards  distant.  Not  a  word  was  said  until  the  line 
was  formed,  and  then  orders  were  given  to  fire.  Pat- 
ton's  men,  being  entirely  exposed,  suffered  severely  from 
the  first  fire,  he  himself  being  mortally  wounded,  and 
one  or  two  of  his  men  being  killed  and  others  wounded. 
He  saw  at  a  glance  that  his  men  could  not  stand  such  a 
fire,  while  his  enemies  were  protected  by  a  slough-bank; 
and  he  at  once  ordered  his  men  to  charge  with  their 
drawn  swords.  Bogard's  men,  having  no  swords,  broke 
their  ranks  and  fled.  Several  were  overtaken  in  the  re- 
treat, and  either  cut  down,  or  captured.  Bogard  had 
about  sixty  and  Patton  eighty  men,  and  eight  or  ten  on 
each  side  were  killed  or  wounded.  One  Mormon  was 
evidently  killed  by  one  of  his  own  companions,  as  his 
wound  was  a  sword-cut  in  the  back  of  his  head.  He 
had  doubtless  charged  with  more  precipitancy  than  his 
comrades;  and,  as  there  was  no  difference  in  the  dress  of 
the  opposing  forces,  he  was  mistaken  for  a  retreating 
enemy. 

MILITIA    ORDERED    OUT — SURRENDER    OF    THE   MORMONS. 

John  Estes,  one  of  Bogard's  men,  who  was  in  the 
fight,  escaped  and  came  to  Liberty  the  same  day,  and 
gave  information  to  General  Atchison.  The  latter  at 
once  ordered  the  Liberty  Blues  to  march  to  the  battle- 
ground, and  there  await  further  orders.  I  was  a  mem- 
ber of  this  independent  militia  company. 

We  made  ready,  and  were  off  before  night,  and 
marched  some  ten  miles  that  evening,  under  General 
Doniphan.  The  next  day  we  reached  tlie  scene  of  con- 
flict, and  encamped  in  the  edge  of  the  open  oak-woods 
next  to  the  prairie  that  extended  from  that  point  to  Far 
West  (the  town  being  in  the  open  prairie),  and  on  the 
road  that  Patton  had  traveled  to  attack  Bogard,  and 


i 


60 


RECOLLECTIONS  OF  AN  OLD  PIONEER, 


Ml  I 


Hi 


about  one  mile  nearer  Far  West  than  Bogard's  camp. 
We  were  joined  by  some  of  Bogard's  men,  so  that  we 
numbered  about  one  hundred.  The  first  night  after  our 
encampment  was  cold  and  frosty.  I  remember  it  well, 
for  I  was  on  guard  that  night. 

Among  those  who  had  fallen  in  with  us  was  a  lad  of 
about  eighteen,  quite  tall,  green,  and  awkward.  He 
was  dressed  in  thin  clothing,  and  when  put  on  guard 
was  told  by  the  officer  not  to  let  any  one  take  his  gun. 
He  said  no  one  would  get  his  gun.  When  the  officer 
went  around  to  relieve  the  guard,  this  boy  would  not 
permit  him  to  come  near,  presenting  his  gun  with  the 
most  determined  face.  In  vain  the  officer  explained  his 
purpose  ;  the  boy  was  inflexible,  and  stood  guard  the 
remainder  of  the  night,  always  at  his  post,  and  always 
wide  awake.  We  anticipated  no  attack  this  night,  as 
the  Mormons,  at  Far  West,  were  not  aware  of  our  ap- 
proach in  time  to  reach  us  until  the  next  night,  when 
we  did  expect  an  attack. 

Tlie  next  day  was  warm  and  beautiful,  and  was  what 
is  called  "Indian  summer."  I  went  upon  the  battle- 
field and  examined  it  carefully.  The  dead  and  wounded 
had  all  been  removed  ;  but  the  clots  of  blood  upon  the 
leaves  where  the  men  had  fallen  were  fresh  and  plainly 
to  bo  seen.  It  looked  like  the  scene  of  death.  Here 
lay  a  wool  hat,  there  a  tin  cup,  here  an  old  blanket  ;  in 
the  top  of  this  little  tree  hung  a  wallet  of  provisions  ; 
and  saddles  and  bridles,  and  various  articles  of  clothing, 
lay  around  in  confusion.  The  marks  of  the  bullets  were 
seen  all  around.  I  remember  that  a  small  linden-tree^ 
three  or  four  inches  in  diameter,  that  stood  behind 
Patton's  men,  seemed  to  have  been  a  target,  from  the 
number  of  shots  that  had  struck  it. 

The  second  night  was  clear  moonlight,  warm  and 


1 


SURRENDER  OF  THE  MORMONS. 


61 


pleasant.  Having  been  on  guard  the  night  before  in 
the  cold  frost,  I  slept  very  soundly.  Somewhere  about 
midnight  one  of  the  picket-guards,  placed  some  distance 
out  in  the  prairie,  on  the  road  toward  Far  West,  came 
in,  giving  information  to  our  commander  that  a  body 
of  armed  men  was  approaching  us  along  that  road,  and 
from  the  direction  of  Far  West.  Very  soon  another 
guard,  from  another  point,  came  in  and  confirmed  the 
statement  of  the  first.  An  alarm  was  at  once  given. 
The  first  thinjj  I  remember  to  have  heard  was  the  voice 
of  Lieutenant  William  A.  Dunn,  close  to  our  camp, 
calling  aloud,  "  Parade  !  parade  !  the  Mormons  are  com- 
ing." His  voice  was  remarkably  loud  and  distinct,  and 
rang  awfully  in  my  ears.  A  fearful  impulse  came  over 
me,  such  as  I  had  never  felt  before.  I  knew  that  it  was 
most  probable  that  the  victorious  Danites  would  be 
upon  us,  as  they  had  been  upon  Bogard.  It  was  what 
we  had  every  reason  to  expect.  We  knew  they  had 
about  eight  hundred  men  at  Far  West,  and  were  fully 
able  to  subdue  us  if  they  determined  to  do  so.  I  said 
to  myself,  "  Now  we  catch  it."  I  at  once  seized  my 
rifle  and  fell  into  the  ranks.  A  few  of  our  men  were 
so  alarmed  that  they  mounted  their  horses  and  rode  to 
the  rear  of  our  encampment.  A  moment  after  falling 
into  ranks,  I  looked  up  and  down  the  line,  and  the 
men  were  shivering  as  if  with  cold,  though  the  night 
was  warm.  Their  teeth  chattered  from  the  effects  of 
alarm.  I  said,  "Boys,  it  has  turned  cold  very  sud- 
denly," which  remark  produced  a  feeble  laugh. 

After  waiting  a  few  moments,  which  seemed  to  us 
very  long,  and  no  enemy  attacking  us,  Doniphan  came 
around  calling  for  twenty  volunteers  to  go  out  to  re- 
connoiter  and  bring  on  the  action.  I  said  to  myself, 
"I  am  not  in  that  scrape."     There  was  not  a  word 


62 


RECOLLECTIONS  OF  AN  OLD  riONEi:R. 


said,  and  not  one  volunteered.  I  reflected  upon  it  until 
I  becanxe  ashamed  ;  and  I  said  to  Thomas  Parish,  who 
stood  by  my  side,  "  Suppose  we  go  out."  He  said, 
"  Agreed,"  and  out  we  went.  We  were  joined  by  four 
others,  making,  with  Lieutenant  Dunn,  seven  in  all, 
which  number  was  all  we  could  obtain.  We  asked 
Dunn  if  we  should  go,  and  he  replied,  "Say  your- 
selves." We  said,  "  Go,"  mounted  our  horses,  and  were 
off  in  a  gallop.  As  we  passed  the  front  line,  all  the 
men  were  down  on  one  knee,  rifle  in  hand.  We  found 
the  guards  at  their  posts,  and  passed  on  rapidly.  The 
sorrel  mare  that  I  rode  was  a  very  fleet  little  animal, 
and,  having  been  often  trained  and  run  before  I  pur- 
chased her,  she  no  doubt  supposed  we  were  running  a 
race  ;  and  to  carry  my  gun  in  ray  right  hand,  and  hold 
her  in  with  my  left,  I  found  impossible.  I  was  about 
twenty  yards  ahead  of  my  comrades  when,  sure  enough, 
we  saw  in  the  clear  moonlight  a  body  of  armed  men 
approaching.  We  galloped  on  until  we  reached  with- 
in some  hundred  yards,  then  drew  up  and  hailed  them, 
when,  to  our  great  satisfaction,  we  found  it  was  a  body 
of  militia  under  Colonel  Gilliam,  from  Clinton  County, 
coming  to  join  ns.     Thus  ended  this  alarm. 

During  all  this  hubbub,  the  boy  who  had  persisted 
in  standing  guard  the  preceding  night  slept  on  until 
some  one  happened  to  think  of  him  and  ask  where  he 
was.  Ho  was  then  awakened  and  fell  into  ranks  with- 
out hesitation  or  trepidation.  All  admired  his  courage, 
and  agreed  that  an  army  composed  of  such  material 
would  be  hard  to  defeat. 

After  remaining  a  day  or  two  in  camp,  so  as  to  give 
time  for  others  to  join  us,  we  marched  to  within  half  a 
mile  of  Far  West,  around  which  the  Mormons  had 
made  a  sort  of  barricade  of  timbers,  not  suflicient  to 


I 


PRISONERS  IIROUGIIT  BEFORE  JUDGE  KING. 


63 


offer  any  serious  resistance.  Finding  themselves  over- 
powered by  numbers,  the  Mormon  leaders,  Smith,  Rig- 
don,  Wight,  and  others,  surrendered.  As  I  understood 
at  the  time,  a  proposition  was  seriously  made  and  ear- 
nestly pressed  in  a  council  of  officers,  to  try  the  prison- 
ers by  court  martial,  and,  if  found  guilty,  to  execute 
them.  This  proposition  was  firmly  and  successfully 
opposed  by  Doniphan.  These  men  had  never  belonged 
to  any  lawful  military  organization,  and  could  not, 
therefore,  have  violated  military  law.  The  law  of  the 
soldier  could  not  ajiply  to  them,  as  they  had  not  been 
soldiers  in  any  legal  sense.  I  remember  that  I  went  to 
Doniphan  and  assured  him  that  we  of  Clay  County 
would  stand  by  him.  Had  it  not  been  for  the  efforts 
of  Doniphan  and  others  from  Clay,  I  think  it  most 
probable  that  the  prisoners  would  have  been  summarily 
tried,  condemned,  and  executed. 


PRISONERS     BROUGHT     BEFORE     JUDGE     KING — JOSEPH 
SMITH,    JR. — LYMAN   WIGHT — SIDNEY    RIGDON. 

The  prisoners  were  turned  over  to  the  civil  authori- 
ties, and  sent  to  Richmond,  where  they  were  brought 
before  Judge  King,  who  acted  as  a  committing  magis- 
trate. The  proceedings  occupied  some  days,  as  a  great 
number  of  witnesses  were  examined,  and  their  testi- 
mony was  taken  down  in  writing,  as  the  statute  re- 
quired. I  witnessed  a  portion  of  the  proceedings,  and 
remember  well  that  Dr.  Alvord  (if  I  mistake  not  the 
name)  was  examined  on  the  part  of  the  prosecution. 
lie  was  a  very  eccentric  genius,  fluent,  imaginative, 
sarcastic,  and  very  quick  in  replying  to  questions  put 
by  the  prisoners'  counsel.  His  testimony  was  very  im- 
portant, if  true ;  and,  as  he  had  lately  been  himself  a 
Mormon,  and  was  regarded  by  them  as  a  traitor  from 


64 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


^: 


[I* 


► 


Pr' 


selfish  motives,  his  testimony  labored  under  some  ap- 
parent suspicion.  For  these  reasons  he  was  cross- 
examined  very  rigidly. 

After  the  doctor  had  been  upon  the  witness  stand 
some  hours,  General  Andrew  S.  Hughes  (a  great  wit) 
came  into  the  case,  as  counsel  for  the  prisoners  ;  but 
the  fact  was  unknown  to  Alvord.  Hughes  was  seated 
among  the  prisoners,  and  wore  a  blanket  overcoat,  and 
the  doctor  was  wholly  unacquainted  with  him.  Other 
counsel  for  the  prisoners  had  cross-examined  the  wit- 
ness, and  he  had  refused  to  answer  a  question  put  by 
them.  General  Hughes  said  to  him,  "I  will  let  you 
know  that  it  is  not  for  you,  but  for  the  Court,  to  deter- 
mine whether  you  shall  answer  the  question."  The 
witness  turned  quickly,  looked  the  General  full  in  the 
face,  and,  with  a  most  quizzical  expression  of  mock 
surprise  upon  his  countenance,  said,  "  Sir,  I  do  not 
know  what  relation  you  sustain  to  this  case.  Are  you 
one  of  the  prisoners  ?  "  This  question  produced  quite  a 
sensation  among  the  attending  crowd,  who  were  greatly 
amused  at  the  situation  of  the  counsel. 

General  Hughes  was  quizzed  for  the  time  ;  but  he 
was  not  the  man  to  remain  long  in  that  unpleasant  con- 
dition. In  a  short  time  he  made  a  motion  in  the  case, 
and  in  support  of  that  motion  made  a  speech  ;  and 
when  he  had  finished  his  argument  he  took  his  seat. 
The  District  Attorney  rose  to  reply  ;  and,  just  as  he 
commenced.  General  Hughes  rose  quickly  from  his  seat, 
saying,  in  the  most  droll,  sarcastic  manner,  "  If  it  please 
your  Honor,  I  will  save  my  friend  the  District  Attorney 
the  trouble  of  making  a  speech.  I  have  gained  my 
point,  and  I  withdraw  my  motion.  I  only  made  a 
speech  to  influence  public  opinion"  at  the  same  time 
waving  his  hand  over  the  crowd. 


JOSEPH  SMITH,  JR. 


60 


When  the  March  (1839)  term  of  the  District  Court 
of  Davis  County  came  on,  the  sheriff  of  Clay  removed 
the  prisoners,  under  a  strong  guard,  from  tlie  jail  in 
Liberty  to  Davis  County,  to  be  present  at  the  impanel- 
ing of  the  grand  jury.  It  was  apprehended  that  the 
prisoners  would  be  mobbed  by  the  irritated  people  of 
Davis,  and  the  sheriff  of  Clay  was  determined  to  pro- 
tect his  prisoners  if  he  could.  Mr.  Rees  and  myself 
went  to  Davis  County  as  their  counsel.  The  court- 
house at  the  county  seat  having  been  burned  the  fall 
before  by  Lyman  Wight's  expedition,  the  court  was 
held  in  a  rough  log  school-house,  about  twenty-five  feet 
square.  This  house  was  situated  on  the  side  of  a  lane 
about  a  quarter  of  a  mile  long.  It  being  immediately 
after  the  annual  spring  thaw,  this  lane  was  knee-deep 
in  mud,  especially  in  the  vicinity  of  the  court-house. 

The  people  of  the  county  collected  in  crowds,  and 
were  so  incensed  that  we  anticipated  violence  towL'^d 
the  prisoners.  In  the  daytime  the  Court  sat  in  this 
house,  the  prisoners  being  seated  upon  a  bench  in  one 
corner  of  the  room  ;  and  they  were  kept  under  guard 
there  during  the  night.  In  the  end  of  the  room  farthest 
from  the  fireplace  there  was  a  bed  in  which  the  counsel 
for  the  prisoners  slept.  The  floor  was  almost  covered 
with  mud. 

The  prisoners  arrived  on  Saturday  evening,  and  the 
Court  opened  on  the  following  Monday.  They  were 
fully  aware  of  their  extreme  danger.  As  I  slept  in  the 
room,  I  had  an  opportunity  to  see  much  of  what  passed. 
The  prisoners  did  not  sleep  any  for  several  nights. 
Their  situation  was  too  perilous  to  admit  of  repose. 
Smith  and  Wight  talked  almost  incessantly.  Smith 
would  send  some  one  for  a  bottle  of  whisky ;  and, 
while  he  kept  sober  himself,  Lyman  Wight  would  be- 


fiO 


UECOLLECTIOXS  OF  AN   OLD   PIONEER. 


■^f  rt 


come  pretty  well  drunk,  and  would  kindly  invito  the 
guards  of  I);ivis  County  (into  whose  keeping  the  prison- 
ers were  then  eonunitted)  to  drink  with  liini,  w  hieh  in- 
vitation was  cordially  accepted.  Some  of  the  guards 
had  been  in  tlie  combats  between  the  Mormons  and  the 
people  of  Davis  County. 

The  Kubject  of  incessant  conversation  between 
Wight  and  these  men  was  the  late  difliculties,  Avhich 
they  discussed  with  great  good  nature  and  frankness. 
Wight  would  laughingly  say,  "At  such  a  place"  (men- 
tioning it)  "  you  rather  whippod  us,  but  at  such  a  place 
we  licked  you."  (Smith  was  not  in  any  of  the  combats, 
so  far  as  I  remember.  The  guard  placed  over  the  pri- 
soners in  Davis,  after  the  sheriff  of  Clay  delivered  them 
into  the  hands  of  the  slieriff  of  that  county,  did  not 
abuse  them,  but  protected  them  from  the  crowd.  By 
consent  of  the  prisoners,  many  of  the  citizens  of  Davis 
came  into  the  room,  and  conversed  with  them  liour  after 
hour  during  most  of  the  night.  Among  others,  I  re- 
nie  nher  two  jjreachers,  who  had  theological  arguments 
with  Smith,  and  he  invariably  silenced  them  sooner  or 
later.  They  were  men  of  but  ordinary  capacity,  and, 
being  unacquainted  with  the  grounds  Smith  would  take, 
were  not  prepared  to  answer  his  positions  ;  while  Smith 
himself  foresaw  the  object'ons  they  would  raise  against 
his  theory,  and  was  prepared  accordingly. 

Joseph  Smith,  Jr.,  was  at  least  six  feet  high,  well- 
formed,  and  weighed  about  one  hundred  and  eighty 
pounds.  His  appearance  was  not  prepossessing,  and  his 
conversational  jjowcrs  were  but  ordinary.  You  could 
see  at  a  glance  that  his  education  was  very  limited.  lie 
was  an  avvkward  but  vehement  speaker.  In  conversa- 
tion he  vas  slow,  and  used  too  many  words  to  express 
his  ideas,  and  would  not  generally  go  directly  to  a  point. 


i 


LYMAN  WIGHT. 


67 


But,  with  all  these  drawbacks,  h')  was  much  more  than 
an  ordinary  man.  He  possessed  the  most  indomitable 
persev-anee,  was  a  good  judge  of  men,  and  do.mied 
himself  born  to  command,  and  he  did  command,  ilis 
views  vere  so  strange  and  striking,  and  his  manner  was 
so  ea  nest,  and  apparently  so  candid,  that  you  could 
not  but  be  interested.  There  was  a  kind,  familiar  look 
about  him,  that  pleased  you.  He  was  very  courteous 
in  discussion,  r  vdily  admitting  what  he  did  not  intend 
to  controvert,  and  would  not  oppose  you  abruptly,  but 
had  due  deference  to  your  feelings.  He  had  the  capa- 
city for  discussing  a  subject  in  different  aspects,  and 
for  proposing  many  original  views,  even  of  ordinary 
matters.  His  illustrations  were  his  own.  He  had  great 
inrtuence  over  others.  As  an  evidence  of  this  I  will 
state  that  on  Thursday,  just  before  I  left  to  return  to 
Liberty,  I  saw  him  out  among  the  crowd,  conversing 
freely  with  every  one,  and  seeming  to  be  perfectly  at 
ease.  In  the  short  space  of  tin  days  he  had  managed 
so  to  mollify  his  enemies  rhat  he  could  go  unprotected 
among  them  without  thi  slightest  danger.  Among  the 
Mormons  he  had  much  greater  influence  than  Sidney 
Rigdon.  The  latter  was  a  man  of  superior  education, 
an  eloquent  speaker,  of  line  appearance  and  dignified 
manners  ;  but  he  did  not  possess  the  native  intellect  of 
Smith,  and  lacked  his  determined  will.  Lyman  Wig!  t 
was  the  military  man  among  them.  There  were  several 
others  of  the  prisoners  whose  names  I  have  forgotten. 

I  remember  to  have  heard  of  a  circumstance  which 
was  said  to  have  occurred  while  the  prisoners  were 
under  guard  in  Davis,  but  I  can  not  vouch  for  its  truth 
from  my  own  knoAvledgo.  Joseph  Smith,  Jr.,  was  a 
very  stout,  athletic  man,  and  was  a  skillful  wrestler. 
This  was  known  to  the  men  of  Davis  County,  and  some 


I 


i 


II 


G8 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


of  them  proposed  to  Smith  that  he  should  wrestle 
with  one  of  their  own  men.  He  at  first  courteously  ob- 
jected, alleging  substantially  that,  though  he  was  onco 
in  the  habit  of  wrestling,  he  was  now  a  minister  of  the 
gospel,  and  did  not  wish  to  do  anything  contrary  to  his 
duty  as  such,  and  that  he  hoped  they  would  excuse  him 
upon  that  ground.  They  kindly  replied  that  they  did 
not  desire  him  to  do  anything  contrary  to  his  calling  ; 
that  they  wojild  not  bet  anything  ;  that  it  was  nothing 
but  a  friendly  trial  of  skill  and  manhood,  for  the  satis- 
faction of  others,  and  to  pass  away  the  time  pleasantly  ; 
and  that  they  hoped  he  would,  under  all  the  circum- 
stances, comply  with  their  request.  He  consented  ; 
tney  selected  the  best  wrestler  among  them,  and  Smith 
threw  him  several  times  in  succession,  to  the  great 
amusement  of  the  spectators.  Though  I  did  not  wit- 
ness this  incident,  I  heard  it  stated  as  a  matter  of  fact 
at  the  time,  and  I  have  no  doubt  of  its  truth. 

The  grand  jury  having  found  true  bills  of  indict- 
ment against  the  prisoners,  we  applied  to  the  Court  for 
a  change  of  venue  to  some  county  where  the  prisoners 
could  have  a  fair  trial.  Upon  a  hearing  of  the  applica- 
tion, the  Court  changed  the  venue  to  Boone  County, 
and  committed  the  prisoners  to  the  sheriff  of  Davis,  with 
instructions  to  convey  them  to  the  proper  county  ;  but 
the  prisoners  escaped  on  the  way  and  safely  arrived  in 
the  State  of  Illinois.  Thus  ended  the  Mormon  troubles 
in  Missouri. 


APPOINTED    DISTRICT  ATTORNKY — QUALIFICATIONS    OF   A 
GOOD   LAWYER — LABORIOUS   PRACTICE. 

I  continued  the  practice  of  my  profession  ;  but  I 
had  to  close  up  the  old  mercantile  concerns  in  which  I 
had  been  a  partner,  and  this  labor  absorbed  a  largo 


ATPOINTED   DISTRICT  ATTORNEY. 


GO 


ho 
his 
irn 


share  of  my  time  and  thoughts.  I  found  that  my  mer- 
cantile knowledge  was  of  great  beneiit  to  me  in  my 
profession  of  the  law,  especially  in  commercial  cases.  I 
was  almost  alwayt?  employed  in  cases  to  wind  up  jnirt- 
nerships.  I  made  it  a  rule,  when  employed  Avith  an- 
other lawyer  in  a  case,  especially  Avith  older  counsel,  to 
perform  all  the  labor  I  could,  and  that  he  would  permit, 
without  regard  to  any  question  as  to  the  proper  propor- 
tion of  labor  to  be  performed  by  each  of  us.  This 
cours  '  due  time  made  me  a  preferred  associate.  I 
was  ()>''  I  employed  with  Doniphan  as  assistant  counsel 
in  civil  cases.  In  criminal  cases  we  were  generally  op- 
posed, lie  knew  that  nothing  would  be  neglected.  I 
was  a  good  pleader,  cautious,  energetic,  and  vigilant  in 
managing  a  case.  It  was  not  often  that  a  demurrer  was 
sustained  to  a  pleading  of  mine,  either  in  civil  or  crimi- 
nal cases. 

Some  time  in  the  winter  of  lH39-'iO,  my  friend  Wil- 
liam T.  Wood,  then  Dist-ict  Attorney  for  our  district, 
very  generously  came  to  me,  and  voluntarily  informed 
me  that  he  intended  to  resign,  and  would  recommend 
me  to  the  Governor  of  the  State  for  the  position.  I 
was  appointed  ;  but  the  district  having  been  sub- 
sequently divided,  and  a  new  judicial  district  created, 
composed  of  the  counties  of  Clinton,  Andrew,  Bu- 
chanan, Holt,  and  Platte,  and  D.  K.  Atchison  appointed 
Jtidge,  I  was  appointed  District  Attorney  for  the  new 
district. 

When  I  commenced  the  practice,  having  but  lately 
read  the  statutes  and  the  reported  decisions  of  the  Su- 
preme Court,  I  was  more  familiar  with  them  than  most 
of  the  other  members  of  the  bar,  and  was  thus  able  in 
many  cases  to  def(>at  lawyers  much  older  than  myself. 
I  was  not  afraid  of  labor,  and  made  it  a  rule  that,  when 


IM 


I! 


70 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


two  (lilterent  modes  of  reaching  an  end  suggested  them- 
selves to  my  mind,  one  certain,  but  accomj)anied  with 
great  labor,  and  the  other  uncertain,  but  requiring  little 
or  no  work,  I  always  preferred  the  certain  to  the  uncer- 
tain. I  generally  avoided  being  on  the  wrong  side  of  a 
case,  and  made  it  a  rule  to  get  at  the  true  facts,  so  far 
as  I  could  obtain  them  from  my  client,  by  a  strong 
cross-examination.  If  he  proposed  to  bring  a  suit,  and 
had  in  my  judgment  no  merits  in  his  case,  I  candidly 
advised  him  not  to  sue.  If  he  was  a  defendant,  I  ad- 
vised him  to  settle  the  difficulty  with  the  plaintiff,  with 
as  little  delay  and  costs  as  possible. 

There  are  two  qualities  very  necessary  to  a  good  law- 
yer, one  who  is  truly  an  ornament  to  his  noble  profession, 
namely,  judgment  and  inqmrtiality.  Unless  he  pos- 
sesses both  of  these  qualities,  he  will  be  made  to  give 
his  efforts  to  vexatious  litigation,  to  the  disgrace  of  his 
profession  and  the  subversion  of  justice.  I  was  never  a 
successful  lawyer  on  the  wrong  side  of  a  case,  but  I  sel- 
dom failed  when  in  the  right.  I  was  a  very  poor  de- 
fender of  guilty  men,  and  was  only  employed  for  the 
defense  in  a  very  few  criminal  cases. 

In  1839  I  was  em{)loyed  Avith  Doniphan  to  defend  a 
man  of  property  in  Ray  County,  indicted  and  tried  for 
a  very  serious  offense.  We  at  the  time  believed  him 
to  be  innocent,  and  defended  him  successfully.  I  can 
not,  in  my  own  rniud,  yet  say  whether  he  was  guilty  or 
not ;  but  I  have  long  regretted  having  had  anything  to 
do  with  that  melancholy  case.  A  young  woman  was 
examined  as  a  witness  for  the  prosecution,  who  was  of 
good  family  and  character,  and  whose  testimony  was 
positive  ;  and  we  were  forced  to  impeach  her  veracity 
in  order  to  acquit  our  client.  Her  conduct  was  open  to 
a])parent  objection,  but  might  have  been  wholly  the  re- 


■"^ 


QUALIFICATIONS  OF  A   GOOD   LAWYER. 


71 


cer- 
of  a 

far 

•ong 

and 

.lly 

ad- 
with 


suit  of  timidity  or  coufusion.  I  remember  that  her 
uncle,  a  most  estimable  citizen,  wept  when  he  heard  his 
niece's  character  for  truth  called  in  question.  I  shall 
never  forget  his  manly  tears.  It  was  enough  to  make 
him  weep,  under  any  view  of  the  question. 

I  was  a  vigilant  but  candid  prosecutor.  If  I  became 
satisfied  that  the  prisoner  was  innocent,  I  told  the  jury 
so  ;  but,  if  I  thought  him  guilty,  I  prosecuted  him  with 
all  the  energy  and  ability  I  possessed,  and  was  generally 
successful.  1  was  District  Attorney  a  little  upward  of 
three  years,  was  twice  appointed  by  the  Governor  of  the 
State,  and  was  once  elected  by  the  people  of  the  dis- 
trict, of  which  Atchison  was  judge.  In  this  new  dis- 
trict there  was  more  criminal  business  than  in  any  other 
district  of  the  State,  except  that  of  St.  Louis.  The 
great  Platte  Country,  the  most  fertile  portion  of  the 
State,  was  aimexed  to  Missouri  in  the  beginning  of  1837, 
and  settled  up  rapidly  with  every  class  of  people.  Ik'- 
sides  this  fact,  the  land  was  open  to  preemption  claims, 
though  the  country  was  not  at  iirst  surveyed  ;  and  this 
uncertainty  as  to  titles  and  boundaries  led  to  much  har- 
assing and  bitter  litigation,  which  produced  an  unusual 
amount  of  crime.  In  all  my  labors  since  I  was  grown, 
though  I  have  seen  some  hard  service  at  diiferent  times, 
I  do  not  remember  to  have  been  so  often  utterly  worn 
out  as  I  was  while  District  Attorney  in  Judge  Atchi- 
son's district.  In  Platte  C'ounty,  the  largest  in  the  dis- 
trict, and  the  second  county  in  the  State  in  point  of 
population,  we  generally  had  from  seventy-five  to  one 
hundred  criminal  cases  on  the  docket  at  each  term  of 
the  Court.  These  cases  were  of  every  character,  from 
the  most  trifling  to  v<'ry  grave  offenses.  While  they 
were  mainly  indictments  for  gambling  at  ^rdh,  there 
were  commonly  from  fifteen  to  twenty  case^  of  a  serious 


h<         »|! 


4 


«t 


72 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


character,  for  which  the  punishment  was  generally  im- 
prisonment in  the  Penitentiary. 

It  was  the  duty  of  the  District  Attorney  not  only  to 
prosecute  the  cases  before  the  Court  and  trial-jury,  but 
to  attend  the  grand  jury,  give  them  advice,  and  draw 
up  all  the  indictments.  During  the  first  week  of  the 
term,  and  while  the  grand  jury  were  in  session,  I  usually 
wrote  from  dark  until  midnight,  commenced  again  next 
morning  at  sunrise,  wrote  until  breakfast,  and,  after  tak- 
ing a  light,  hasty  meal,  wrote  until  about  9  a.  m.,  when 
Court  met.  The  criminal  had  precedence  over  civil 
ca'ies  on  the  docket,  and  were  disposed  of  before  the 
civil  cases  were  reached.  In  Court,  I  prosecuted  from 
0  A,  M.  until  2  1*.  M.,  when  the  Court  adjourned  half  an 
hour  for  dinner,  and  then  met  again,  and  remained  in 
session  until  sundown.  While  in  Court  I  was  nearly 
always  upon  my  feet,  case  after  case  following  in  suc- 
cession. I  have  often  gone  into  the  trial  of  a  case  of 
grand  larceny,  without  knowing  anything  of  the  facts 
except  that  the  prisoner  was  charged  in  the  indictment 
with  stealing  a  horse  or  other  personal  property  of  the 
j)erson  whose  name  was  stated  in  the  indictment  as  the 
owner.  I  knew  the  names  of  the  witnesses  on  the  part 
of  the  State,  because  the  names  were  endorsed  upon  the 
back  of  the  indictment.  In  these  cases  I  had  the  wit- 
nesses called,  and,  if  present,  I  was  ready  for  trial.  I 
examined  them,  in  general  terms,  only  far  enough  to 
make  out  n.  prima  facie  case  against  the  accused  ;  and 
then  I  turned  the  witnesses  over  to  the  prisoner's  coun- 
sel, knowing  they  would  bring  out  all  the  farts  before 
the  Court,  and  jury.  After  the  elimination  of  the  first 
witness,  I  was  able  to  see  the  thread  of  the  testimony, 
and  knew  how  to  proceed.  I  had  the  criminal  law  at 
my  tongue's  end,  and  was  seldom  at  a  loss  for  authority 


f 


ui 


ADMINISTERING  CRIMINAL  JUSTICE. 


Ira- 


k's 


to  sustain  my  position,  because  I  would  not  ask  of  the 
Court  any  decision  that  I  thought  incorrect.  In  my 
civil  practice  it  was  my  general  rule  not  to  ask  a  de- 
cision of  a  point  in  my  favor  that  I  was  satisfied  would 
not  be  sustained  in  the  Supreme  Court.  I  liked  to  prac- 
tice against  prejudiced  laAvyers,  who  would  insist  upon 
points  that  were  not  just.  I  could  always  defeat  them 
in  the  highest  Court,  and  made  it  a  rule  to  take  appeals 
where  I  knew  I  was  right. 

DIFFICULTY     OF     ADMINISTERING     CKIMINAI.     JUSTICE A 

NOTED    CRIMINAL — AN    Am.E    AND    UPRIGHT    JUDGE. 

The  duties  of  District  Attorney  in  that  district  were 
not  only  laborious,  but  dilKcult  and  extremely  responsi- 
ble upon  other  accounts.  'I'hcre  were  five  counties  in 
the  district,  and  the  Platte  country  was  in  the  shape  of 
the  letter  V,  bounded  on  the  east  by  the  old  State  line, 
on  the  southwest  by  the  Missouri  River,  and  on  the 
northwest  by  the  then  wild  prairie  lands  of  Iowa.  The 
remote  county  of  Holt  was  in  the  western  and  narrow- 
est portion  ;  and,  being  not  only  remote,  but  thinly  in- 
habited, it  was  under  the  <;ontrol  for  a  time  of  thieves 
and  counterfeiters,  who,  by  being  upon  the  trial-juries, 
defeated  the  ends  of  justice.  I  remember  that  at  one 
term  of  the  Court  there  were  some  thirty  indictments 
and  only  one  or  two  convictions.  I  would  prove  up  tlie 
case  as  dearly  as  possible,  and  yet  the  jury,  after  being 
out  but  a  few  moments,  would  return  into  Court  with 
their  veniict,  "  We,  the  jury,  find  the  defendant  not 
guilty."  In  some  rare  cases,  when  the  punishment  v^as 
very  trifling,  they  would  find  the  defendant  guilty  for 
the  sake  of  appearances. 

There  was  at  that  time  an  organized  band  of  crimi- 
nals, at  the  head  of  whom  was  the  notorious  Daniel 


"«r 


f 


74 


RECOLLECTIONS  OF  AN   OLD   PIONEER. 


Whitoman.  These  men  and  their  friends  overawed  the 
good  citizens  of  the  county.  Whiteraan  said  to  me, 
laughingly,  "  Pete,  you  can't  convict  anybody.  I  man- 
age these  juries."  I  remember  that  much  the  same  state 
of  things  once  existed  in  Jackson  County,  at  an  early 
day,  and  before  I  was  a  member  of  the  bar.  Amos 
Kees  was  then  District  Attorney,  and  I  have  heard  the 
facts  of  the  case  from  other  lawyers  who  were  present. 

A  man  was  indicted  and  tried  for  selling  whisky  to 
an  Indian.  A  most  intelligent  and  trustworthy  wit- 
ness testified  before  the  trial-jury,  that  upon  a  stated  day 
and  year,  in  Jackson  County,  in  the  State  of  Missouri, 
he  saw  an  Indian  come  into  the  defendant's  grocery,  and 
put  down  upon  the  counter  a  quarter  of  a  dollar,  in  sil- 
ver coin  of  the  United  States,  at  the  same  time  handing 
the  defendant  an  empty  bottle  ;  that  be  saw  the  defend- 
ant take  a  gallon  measure  and  draw  from  a  barrel,  and  out 
of  the  contents  of  the  gallon  measure  fill  up  the  bottle 
for  the  Ifidliin,  put  the  quarter  into  his  (defendant's) 
drawer,  and  that  he  then  asked  the  witness  to  drink  out 
of  what  remained  in  the  measure  from  which  the  bottle 
had  been  filled  ;  that  witness  drank  from  the  measure, 
and  that  what  he  drank  was  Avhisky.  Colonel  William 
T.  Wood,  who  defended  the  party,  thought  the  evidence 
so  clear  against  his  client  that  he  was  about  to  give  up 
the  case,  when  one  of  the  jurors  asked  the  witness,  "  But 
did  you  drink  out  of  the  bottle  itself  ?  "  The  •  'tness 
answered,  "  No  ;  I  only  drank  of  the  liquid  left  m  the 
measure  after  filling  the  bottle."  ITpon  this  state  of 
evidence  the  jury  found  the  defendant  not  guilty.  Mr. 
Rees  at  once  sternly  told  the  sheriff  that,  if  he  summoned 
any  more  such  juries,  he  would  move  the  Court  to  pun- 
ish him  for  contempt. 

This  state  of  thii\gs  continued  only  for  a  time.    Some 


A   NOTED   CRIMINAL. 


T5 


ono  in  the  adjoining  county  had  Whiteinan  arrested 
upon  a  charge  of  theft,  alleged  to  have  been  committed 
ill  that  county,  and  he  was  sent  to  jail  to  await  his  ex- 
amination before  a  justice  of  the  peace.  In  the  mean 
time  he  was  taken  out  by  tlie  people,  severely  lynched, 
and  then  turned  loose,  lie  returned  to  Holt,  where  lie 
was  loud  in  his  threats  against  Judge  Atchison  and  my- 
self, as  he  had  been  informed  that  we  had  encouraged 
his  being  lynched. 

I  remember  that  in  the  S])ring  of  1843  I  was  at  the 
county  seat  of  Holt  County,  where  I  delivered  a  public 
address  to  the  people  in  reference  to  Oregon  ;  and  I 
found  Whiteman  there.  He  at  once  took  me  aside  and 
asked  me   if  I  had  heard  that  "  tlicy  had  given  him 

h 1."     I  told  him  I  had.     He  then  said  that  he  had 

understood  that  Judge  Atchison  and  myself  had  encour- 
aged the  people  to  act  as  they  did.  I  told  him  that  it 
was  not  true  as  to  myself  ;  that  I  could  not,  would  not, 
and  never  did  encourage  illegal  violence  ;  but  I  would 
state  to  him  what  I  said,  and  which  was  true.  When 
people  asked  me  why  persons  indicted  and  tried  in  that 
county  could  not  be  convicted,  I  had  told  them  that  it 
was  not  my  fault,  but  the  fault  of  the  trial-juries,  who 
were  under  the  influence  of  tlie  criminals  of  the  county. 

While  I  was  addressing  the  people,  I  observed  that 
Whiteman  stood  near  me  all  the  time,  but  did  not  once 
suspect  that  he  meditated  an  attack  upon  me.  After  I 
had  finished  my  address,  a  gentleman  whom  I  knew  took 
me  apart  from  the  crowd,  and  told  me  tliat  he  had  over- 
heard Whiteman  making  threats  of  personal  violence 
against  me,  just  before  I  commenced  speaking  ;  and 
tluit  he  (my  friend)  had  placed  himself  by  Whiteman's 
side,  ready  and  determined  to  shoot  liiin  at  the  first 
offensive  movement  he  should  make.     AVhiteman  asked 


76 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Mil, 


11 

* 

1* 

Hp 

1 

t 

i 

> 

t 


;!'  H,. 


me  several  questions  about  Oregon  before  I  left  the 
stand,  which  were  respectfully  put  and  respectfully  an- 
swered. A  short  time  after  this,  as  I  was  informed,  he 
was  lynched  the  second  time.  He  made  a  desperate 
resistance,  and  was  almost  killed  in  the  struggle.  This 
was  the  last  of  that  noted  culprit,  as  he  soon  thereafter 
left  the  county. 

Judge  Atchison  was  an  upright,  incorruptible  judge, 
and  was  a  man  of  fine  literary  and  legal  education,  and 
of  superior  native  intellect,  lie  possessed  a  kind  heart, 
and  a  noble,  generous,  manly  spirit ;  but,  when  first  ap- 
pointed, he  seemed  to  me  to  err  too  often  in  his  rulings 
in  favor  of  the  accused.  I  was  always  courteous  and 
respectful  to  any  Court  before  which  I  consented  to  ap- 
pear, and  never  in  the  course  of  my  practice  had  an 
angry  altercation  with  the  Court,  or  was  punished  for 
contempt.  I  determined,  in  the  proper  manner,  to  cor- 
rect the  supposed  errors  of  the  Judge.  The  Judge  de- 
cided several  cases  against  me  ;  but,  being  satisfied  that 
I  was  right,  I  took  them  up  to  the  Supreme  Court,  and  a 
majority  of  them  came  back  reversed. 

CASE    OF   WHITTLE — JUDGE    AUSTIN    A.    KING. 

As  illustrative  of  the  then  mixed  state  of  society,  I 
will  refer  to  the  following  case. 

A  celebrated  counterfeiter  of  the  name  of  Whittle 
went  from  the  county  in  which  he  resided  to  an  ad- 
joining county,  and  passed  upon  a  plain  farmer  some 
counterfeit  gold  coin,  in  payment  for  a  horse.  Having 
been  indicted  in  the  proper  county,  he  applied  for  a 
change  of  venue  ;  and  the  case,  upon  a  proper  showing, 
was  sent  to  Buchanan  County. 

When  the  case  was  called,  the  prisoner  was  ready 
for  trial,  and  I  asked  the  Court  to  order  the  sheriflF  to 


1     t 


CASE  OF  WHITTLE. 


77 


1*. 


call  the  trial -jurors.  The  moment  I  heard  their  names 
called,  I  was  satisfied  that  it  was  mainly  a  packed  jury. 
I  knew  that  some  of  them  belonged  to  the  band  of 
criminals  in  that  county,  or  they  were  unfortunate  in 
reputation  and  association.  I  promptly  rose  and  said  : 
"If  the  Court  please,  it  is  now  very  near  dinner  time, 
and  I  would  thank  the  Court  to  adjourn  until  after 
dinner.  1  wish  a  little  time  to  examine  this  jury  list, 
and  I  think  it  very  likely  that  I  will  dispose  of  this  case 
without  troubling  the  Court."  Judge  Atchison  seemed 
to  understand  what  I  was  driving  at,  and  readily  ad- 
journed the  Court. 

When  the  Court  met  again,  there  was  a  large  crowd 
present,  as  it  must  have  been  anticipated  that  some 
decisive  step  in  the  case  would  be  taken.  When  the 
case  was  again  called,  I  said  :  "  With  the  leave  of  the 
Court,  I  Avill  enter  a  nolle  prosequi,  and  let  the  prisoner 
go.  I  do  not  mean  to  make  a  farce  of  justice  by  trying 
this  prisoner  before  such  a  jury."  The  prisoner  was 
wholly  taken  by  surprise,  and  looked  exceedingly  mor- 
tified. He  evidently  expected  to  be  tried  and  acquitted. 
I  intended  to  have  the  witnesses  again  8ubpa3naed  be- 
fore the  grand  jury  of  the  proper  county,  and  they 
would  no  doubt  have  found  another  indictment ;  and, 
upon  another  application  for  a  change  of  venue,  I 
should  have  opposed  successfully  any  effort  of  the  de- 
fendant to  have  the  case  sent  again  to  Buchanan  Coun- 
ty. But  the  prisoner  was  killed  in  ^.  private  quarrel 
before  the  next  term  of  the  Court. 

He  was  a  man  of  herculean  frame,  and  of  desperate 
character.  His  death  happened  in  this  wise  :  He  forced 
a  quarrel  upon  a  peaceable,  awkward,  and  innocent 
young  man,  about  the  age  of  twenty-one,  for  the  pur- 
pose, most  likely,  of  showing  off  his  bravery  and  prow- 


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RECOLLECTIONS  OF  AN  OLD  PIONEER. 


ess  before  his  friends.  At  all  events,  when  the  young 
man  had  hitched  his  horse  to  the  rack,  Whittle  went 
out  and  cut  off  the  horse's  tail,  and  came  into  the  room 
where  the  young  man  was  sitting,  and  thrust  it  rudely 
into  his  face.  Upon  the  young  man's  remonstrating, 
Whittle  chased  him  into  the  street ;  and  several  times 
afterward  during  the  day  he  followed  him  into  other 
places,  and  forced  him  hastily  to  leave.  The  poor  young 
man  became  at  last  desperate,  and  went  and  armed  him- 
self with  a  pistol.  Whittle  again  drove  him  from  the 
house,  and  was  pursuing  him  in  the  street,  when  the 
young  man  turned  uiDon  him,  and  shot  him  through  the 
heart.  Though  fatally  Avounded,  Whittle  picked  up  a 
large  stone,  and  threw  it  at  the  young  man  with  such 
prod'gious  force  that  had  it  struck  him  it  Avould  have 
killed  him  instantly.  After  throwing  the  stone  AVhittle 
fell  upon  his  face  dead. 

I  have  known  of  several  instances,  Avhere  persons 
shot  through  the  heart  have  lived  for  some  little  time. 
When  the  shot  passes  through  the  left  ventricle  of  the 
heart,  the  wound  is  instantaneously  fatal,  so  that  the 
muscles  retain  the  exact  position  they  had  at  the  very 
moment  the  wound  was  given.  For  example,  if  the  de- 
ceased had  a  pistol  tightly  grasped  in  his  hand,  he  would 
still  after  death  retain  his  grasp  upon  it,  as  also  the  very 
same  cast  of  features.  This  was  the  case  with  General 
Richardson,  killed  by  Cora  in  San  Francisco  in  the  year 
1856.  So,  whenever  a  shot  seriously  wounds  the  spinal 
marrow,  the  person  is  instantaneously  paralyzed.  I  have 
never  known  but  one  instance  where  a  person  was  fatal- 
ly shot  through  the  brain,  that  he  did  not  drop  instantly, 
however  excited  he  may  have  been.  This  exceptional 
ease  was  that  of  Joel  Turnham,  Jr.,  who  was  killed  in 
Oregon  about  the  year  1844,  while  resisting  a  special 


JUDGE  AUSTIN  A.   KING. 


>  4,' 
V, 


constable,  who  waa  sent  to  arrest  him  for  assault  and 
battery.  Turnham  was  one  of  the  stoutest,  bravest, 
most  reckless  men  I  ever  knew  ;  and,  though  fatally 
shot  through  the  brain  with  a  pistol,  he  turned  and 
walked  some  twenty  feet  before  he  fell. 

A  fter  becoming  familiar  with  the  duties  of  his  po- 
sition, D.  R.  Atchison  made  an  admirable  judge,  and 
gave  general  satisfaction.  In  point  of  legal  acquire- 
ments, I  do  not  think  he  was  then  quite  the  equal  of 
Judge  Austin  A.  King,  who  was  an  older  man  ;  but 
Judge  Atchisv  i  was  more  popular  with  the  members  of- 
the  bar  generally.  It  was  the  fault  of  Judge  King,  at 
one  time,  not  to  be  sufficiently  indulgent  to  young  law- 
yers. I  remember  his  treatment  of  myself  when  a  new 
beginner.  Being  satisfied  that  he  did  not  extend  to  me 
the  indulgence  that  my  situation  justified,  I  determined 
to  bide  my  time  and  correct  this  supposed  error. 

I  was,  upon  one  occasion,  employed  to  defend  a  suit 
brought  by  one  of  the  older  members  of  the  bar  upon  a 
promissory  note,  which  he  described  in  his  declaration 
as  bearing  date  a  certain  day  and  year  set  forth.  I  put 
in  the  plea  of  non  assumpsit ;  and,  when  the  note  was 
offered  in  evidence,  I  simply  objected.  It  bore  a  differ- 
ent date  from  the  note  described,  and  was  not  therefore 
the  same  note.  I  knew  that  the  objection  was  a  good 
one,  but  the  plaintiff's  counsel  declared  that  my  objec- 
tion was  invalid,  and  then  handed  the  papers  to  the 
Judge,  who  compared  the  note  with  the  declaration,  and 
at  once  gave  judgment  for  the  plaintiff  ;  and  I  quietly 
took  my  appeal.  In  five  or  six  months,  the  case  came 
back  reversed  ;  and  the  Supreme  Court  expressed  sur- 
prise that  so  plain  an  error  should  have  been  committed 
by  the  Court  below.  It  so  happened  that  I  was  after- 
wards employed  in  another  case  of  much  the  same  char- 


i"r 


\f 


80 


RECOLLECTIOxNS  OF  AN  OLD  PIONEEIl. 


i 


|H:  !i 


acter  before  the  same  Judge  ;  and  I,  as  before,  simply- 
objected  to  the  introduction  of  the  note  as  evidence  in 
the  case.  The  Judge  this  time  was  very  polite,  and 
asked  me  to  state  my  objections  (which  he  had  not  done 
in  the  former  case)  ;  and  after  that  I  could  always  be 
heard.  I  thought  the  Judge,  on  several  former  occa- 
sions, had  evinced  by  his  manner  an  indisposition  to  hear 
rae  when  I  had  a  right  to  be  heard. 

Young  lawyers  can  not,  of  course,  speak  as  well  as 
those  that  are  older,  and  judges  are  very  apt  to  become 
impatient  when  listening  to  irrelevant  remarks.  But  it 
always  seemed  to  me  that  it  was  not  only  more  generous 
but  more  expedient,  in  most  cases,  to  indulge  young 
lawyers  in  their  errors  of  inexperience.  I  have  no 
doubt  of  the  fact  that  many  a  noble  young  man,  of  fine 
intellect  and  heart,  has  been  either  driven  from  the  pro- 
fession, or  kept  in  a  grade  beneath  his  real  abilities,  by 
the  harsh  and  inconsiderate  reproofs  of  crabbed  judges. 
Tyranny  has  many  modes  of  exhibiting  itself  ;  and  a 
man  may  be  the  victim  of  oppression  in  many  other 
ways  than  knocking  him  down,  putting  him  in  prisor., 
or  confiscating  his  property. 

Young  lawyers  are  generally  sensitive  and  timid,  and 
their  feelings  should  be  spared.  One  of  the  noblest  ob- 
jects in  the  world  is  a  pure  and  intellectual  young  man  ; 
and  a  court  should  lean  gently  upon  his  young  errors. 
But  I  can  truly  say,  in  justice  to  Judge  King,  that  he 
subsequently  became  as  indulgent  to  young  lawyers  as 
he  should  have  been.  I  remember  that  the  Judge's 
course  toward  a  young  lawyer,  Mr.  Ilovey,  was  entirely 
unexceptionable.  Judge  King  was  not  so  popular  with 
the  bar  generally  as  Judge  Atchison,  mainly  for  the 
reason  that  King  was  a  religious  man,  and  had  not  the 
amount  of  mirth  and  gayety  that  Atchison  had.     The 


l\ 


CHARACTERISTICS  OF  LAWYERS. 


simply 
ence  in 
Xe,  and 
ot  done 
rays  be 
er  occa- 
to  hear 

well  as 
become 
But  it 
renerous 
3  young 
tiave  no 
1,  of  fine 
the  pro- 
lities,  by 
I  judges. 
'  ;  and  a 
ny  other 
n  priscii, 

imid,  and 
)blest  ob- 
ing  man ; 
ig  errors. 
»,  that  he 
awyers  as 
J  Judge's 
IS  entirely 
)ular  with 
y  for  the 
id  not  the 
liad.    The 


latter  was  very  companionable,  and  full  of  anecdote,  in 
which  he  was  not  limited  by  religious  views.  Most  of 
our  lawyers  at  that  tiiae  were  not  religious,  and  would 
naturally  be  partial  to  a  man  like  themselves. 

CHARACTERISTICS    OF    LAWYERS — NATURE    OF   LEGAL   IN- 
VESTIGATIONS  DIFFICULTY      OF      SIMPLIFYING     THE 

LAW — CAUSES    OF   INFIDELITY    AMONG   LAWYERS. 

I  remember  an  incident  which  occurred  in  the  winter 
of  1839-40,  at  Savannah,  the  county  seat  of  Andrew 
County.  There  were  about  fifteen  lawyers  of  us,  all  at 
the  hotel ;  and  one  evening,  after  the  court  had  finally 
adjourned,  a  discussion  arose  among  us  in  regard  to  the 
truth  of  Christianity.  There  was  not  a  single  lawyer 
present  who  was  a  professor  of  religion,  and  only  one 
who  believed  Christianity  to  be  true,  and  that  was  Amos 
Rees.  He  manfully  and  earnestly  maintained  its  true 
and  divine  origin.  The  next  day  we  rode  together,  and 
I  said  to  him  :  "  Amos,  you  deserve  double  damnation  ; 
because  you  know  and  believe  the  truth,  and  will  not 
put  it  in  practice.  Noav,  sir,  whenever  I  am  convinced 
of  the  truth  of  Christianity,  you  will  find  me  acting  up 
to  what  I  believe  to  be  true."  I  have  the  pleasure  of 
stating  that  a  majority  of  the  lawyers  present  at  that 
time  have  since  become  professors  of  religion,  myself 
among  the  number. 

I  never  had  any  disposition  to  enter  into  mere  personal 
quarrels.  Let  me  be  satisfied  that  a  great  duty  demands 
my  exertions,  and  then  I  can  face  danger.  When  I 
was  satisfied  that  another  person  abused  me  in  words, 
because  he  was  sincere  but  mistaken  in  thinking  he  had 
good  cause,  I  could  not  feel  like  holding  him  responsi- 
ble for  a  mere  error  of  judgment.  Good  men  ought 
never  to  quarrel.     There  is  a  natural  and  immeasurable 


82 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


'I 


y     '  I  i 


i 


^ 


gulf  between  the  good  and  the  bad — bet  ween  the  candid 
and  the  hypocritical. 

There  is,  among  lawyers,  a  noble  freedom  allowed  in 
debate  ;  and  though,  in  the  moment  of  excited  discus- 
sion, they  may  say  that  of  each  other  which  they  never 
would  in  their  cooler  moments,  a  due  and  fair  allowance 
is  made  for  the  circumstances.  Besides,  lawyers  must 
necessarily  associate  often  together  on  the  same  side  of 
a  case  ;  so  that  it  is  almost  impossible  to  keep  alive  the 
enmity.  The  other  members  of  the  bar  interpose  their 
kind  offices  for  reconciliation  ;  and  they  have  so  much 
respect  for  the  views  and  feelings  of  each  other  that 
these  kind  requests  will  seldom  be  disregarded.  Among 
honorable  members  of  the  profession,  there  generally 
exists  the  greatest  personal  kindness,  and  little  or  no 
professional  jealousy.  Each  honorable  member  of  this 
most  distinguished  profession  is  content  with  the  prac- 
tice he  justly  merits  ;  and,  as  to  those  merits,  there  is  a 
plain  and  satisfactory  mode  of  determining  the  question. 
They  practice  their  profession,  not  only  in  the  presence 
of  each  other,  but  before  crowds  of  people  and  a  com- 
petent Court.  If  a  lawyer  be  ignorant  of  the  law,  his 
adversary  and  the  Court  will  tell  him  so,  and  thus  expose 
his  ignorance.  If  he  has  merits,  they  are  made  mani- 
fest, as  a  general  rule,  by  a  conclusive  test.  Time  and 
experience  soon  settle  the  relative  merits  of  different 
members  of  the  bar  practicing  before  the  same  Courts. 

When  a  lawyer  finds,  upon  due  trial,  that  he  is  not 
suited  to  the  profession,  he  can  go  to  something  else. 
Most  lawyers  who  find  they  can  not  succeed  in  the  pro- 
fession betake  themselves  to  editing  newspapers,  where 
the  same  exact  and  logical  mode  of  discussion  is  not  re- 
quired, but  where  each  writer  addresses  himself  mainly 
to  a  prejudiced  audience,  who  seldom  know  what  is  said 


%■ 


NATURE  OF  LEGAL  INVESTIGATIONS. 


83 


le  candid 

llowed  in 
d  discus- 
ley  never 
illowance 
^ers  must 
ae  side  of 
alive  tlie 
pose  their 
;  so  much 
►ther  that 
.    Among 
generally 
ttle  or  no 
ler  of  this 
1  the  prac- 
,  there  is  a 
e  question. 
le  presence 
md  a  com- 
he  law,  his 
:hu8  expose 
lade  mani- 
Tirae  and 
>f  different 
oe  Courts. 
\i  he  is  not 
jthing  else. 
in  the  pro- 
pers, where 
•n  is  not  re- 
iself  mainly 
what  is  said 


in  reply.  Practically,  most  newspaper  discussions  are 
one-sided.  ; 

In  legal  discussions,  the  positions  of  the  opposite 
counsel  are,  in  general,  correctly  stated  and  fairly  met. 
To  misrepresent  facts  or  positions  is  not  only  unprofes- 
sional, but  idle  and  vain.  He  who  confutes  a  position 
never  advanced  does  an  idle  and  vain  thing,  by  throw- 
ing away  his  efforts.  To  labor  for  the  purpose  of  ex- 
posing your  oAvn  ignorance  or  unfairness  is  not  very 
wise. 

The  modes  of  investigation  in  courts  of  justice  are 
not  only  the  most  decisive  of  the  merits  of  counsel  and 
judges,  but  they  are,  for  that  reason,  the  best  adapted 
to  improve  the  reasoning  faculties  of  the  mind.  Any 
one  who  has  ever  participated  in  the  discussion  of  im- 
portant and  difficult  questions  must  have  learned  that 
there  are  classes  of  arguments  apparently  sound,  but 
which  in  truth  are  utterly  worthless,  and  have  no  real 
bearing  upon  the  case.  When  you  hear  a  speaker,  even 
upon  a  simple  occasion,  you  can  generally  form  a  very 
good  estimate  of  his  ability.  If  he  has  a  clear  logical 
mind,  he  will  go  to  the  exact  merits  of  the  question  and 
plaoe  the  matter  in  a  clear  light ;  but,  if  his  powers  are 
merely  declamatory,  he  will  deal  in  unmeaning  gener- 
ality, true  in  itself,  but  outside  the  particular  case. 

I  confess  I  am  partial  to  the  law,  and  that,  of  all  the 
secular  learned  professions,  I  love  that  of  law  most.  I 
am  aware  of  the  prejudices  existing  in  the  minds  of 
many  against  the  profession  ;  and  it  must  be  conceded 
that  a  mean  lawyer  is  one  of  the  meanest  of  men,  be- 
cause he  sins  against  light  and  example.  A  pettifogger 
among  lawyers  is  like  a  demagogue  among  statesmen — 
a  most  detestable  character,  weak  in  mind  an  '  unsound 
in  morals,  deserving  neither  respect  nor  pity. 


w 


T" 


I 


H 

! 
-         1 


a 


,^ 


i 


I 


•>        ■ 


84 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


But  these  complaints  against  the  law  and  lawyers 
are  not  much  heeded  by  them.  Ignorance  has  been  for 
ages  complaining  of  the  imperfections  of  the  law,  and 
proposing  to  make  it  so  plain  that  all  sane  men  could 
readily  understand  it.  But  it  seems  never  to  have  oc- 
curred to  these  restless  wanderers  after  perfection  that 
science  is  vast,  and  no  science  more  so  than  that  of  law  ; 
and  that  to  simplify  the  law  to  such  an  extent  as  to  en- 
able every  man  to  be  his  own  lawyer  is  just  as  difficult 
as  to  simplify  land  and  marine  architecture,  or  any  other 
science  which  comprehends  a  multitude  of  particulars. 
It  requires  very  little  intellect  and  study  to  construct 
an  Indian  wigwam  or  a  rude  canoe  ;  but  it  takes  mind 
and  careful  training  to  build  a  palace  or  construct  a 
mighty  steamship. 

Rabid  law-reformers  have  often  been  in  the  different 
State  Legislatures  ;  but,  though  no  doubt  sincere  and 
determined  in  the  beginning,  they  soon  discovered  some 
of  the  real  difficulties  in  their  way  to  simplicity.  To 
know  how  to  improve  the  code  you  must  hi&t  know  its 
defects  ;  and  to  know  these  you  must  understand  the 
code  itself.  By  the  time  the  rash  and  presumptuous 
law-reformer  gets  to  that  point,  he  begins  to  perceive 
the  difficulties  which  beset  his  path.  When  he  comes 
to  sit  down  and  draft  a  code  that  will  stand  the  test  of 
honest  and  intelligent  time,  he  will  fully  need  all  his 
imagined  capacity. 

I  remember  that,  in  the  Vigilance  Committee  times 
of  this  State  in  1856,  there  was  a  great  hue  and  cry 
raised  against  lawyers.  I  had  retired  from  the  practice 
myself,  yet  I  loved  the  noble  profession.  I  had,  how- 
ever, no  defense  to  make,  but  simply  a  compromise  to 
propose.  I  said  :  "  Only  give  us  back  the  productions 
of  our  labors — the  Declaration  of  Independence,  the 


lawyers 
s  been  for 
i  law,  and 
nen  could 

Lave  oc- 
ction  tliat 
at  of  law ; 
t  as  to  en- 
as  difficult 
•  any  other 
larticulars. 

construct 
akes  mind 
onstruct  a 

le  diflferent 
incere  and 
s^ered  some 
li(iity.  To 
st  knoAV  its 
;rstand  the 
sumptuous 
to  perceive 
1  he  comes 
the  test  of 
eed  all  his 

littee  times 
[le  and  cry 
he  practice 
'.  had,  how- 
promise  to 
jroductions 
idence,  the 


CAUSES  OF  INFIDELITY  AMONG  LAWYERS. 


85 


Constitutions  of  the  United  States  and  of  every  State 
in  the  Union,  all  the  codes  of  law,  the  judicial  decisions 
and  learned  treatises  upon  the  science — and  do  without 
them,  and  we  will  consent  that  the  profession  may  be 
abolished,  and  the  nation  go  back  to  barbarism.  But, 
until  you  have  something  better  to  propose,  your  de- 
nunciation of  a  theory  you  can  not  mend  must  be 
idle." 

Surprise  has  often  been  expressed  that  there  should 
be  80  many  infidels  among  lawyers.  It  can  not  be 
owing  to  the  want  of  capacity  to  investigate  the  sub- 
ject. The  Rev.  David  Nelson,  in  his  work  entitled 
"  Cause  and  Cure  of  Infidelity,"  has  these  remarks  : 

"  I  do  not  know  why  it  is  so,  but  it  is  the  result  of 
eighteen  years  of  experience  that  lawyers,  of  all  those 
whom  I  h.  ve  examined,  exercise  the  clearest  judgment 
while  investigating  the  evidences  of  Christianity.  It  is 
the  business  of  the  physician's  life  to  watch  for  evidence 
and  indication  of  disease,  sanity,  and  change  ;  there- 
fore I  am  unable  to  account  for  the  fact,  yet  so  it  is, 
that  the  man  of  law  excels.  He  has,  when  examining 
the  evidences  of  the  Bible's  inspiration,  shown  more 
common  sense  in  weighing  proofs  and  appreciating  ar- 
gument, where  argument  really  existed,  than  any  class 
of  men  I  have  ever  observed."     (Page  117.) 

The  superiority  attributed  by  the  author  to  the  legal 
fraternity  arises  mainly  from  these  causes  : 

1.  It  requires  more  natural  logical  power  to  be  suc- 
cessful at  the  bar  than  in  the  practice  of  medicine. 

2.  The  mental  training  is  more  rigid  and  thor- 
ough. 

3.  There  is  a  competent  and  authoritative  tribunal 
to  determine  controversies  among  lawyers. 

The  fact  that  there  are  so  many  infidels  among  law- 


'  % 


86 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


'!!i 


^i 


Vi 


m 


H 


yers  is  not  owing  either  to  a  want  of  capacity  in  them, 
or  a  lack  of  evidence  to  establish  the  truth  of  Chris- 
tianity, but  entirely  to  other  causes. 

•  When  a  young  man  is  studying  law,  he  finds  no 
time  to  think  of  religion  ;  ani,  after  he  commences 
practice,  the  state  of  the  case  is  much  the  same.  Logi- 
cal minds  are  not  prone  to  take  a  theory  as  true  without 
proof  ;  and  the  proofs  of  Christianity,  though  complete 
and  conclusive  to  a  moral  certainty,  yet  require  time 
and  careful  investigation  to  be  able  to  understand  them 
in  their  full  and  combined  force.  These  evidences  con- 
sist of  a  great  mass  of  testimony,  both  direct  and  cir- 
cumstantial. To  succeed  at  the  bar  requires  great  ca- 
pacity and  industry.  The  profession  is  compared  by 
Lord  Coke  to  a  jealous  mistress  that  will  not  tolerate 
a  rival.  The  main  reason,  therefore,  why  there  are  so 
many  infidels  among  the  members  of  the  bar,  is  because 
they  do  not  investigate  the  subject,  and  will  not  believe 
without  investigation  ;  and  the  reason  why  they  do  not 
investigate  is  mainly  the  incessant  and  arduous  nature 
of  their  employments. 

But,  besides  the  want  of  time,  there  are  other  causes 
to  prevent  investigation.  There  is  a  good  deal,  per- 
haps an  over-proportion,  of  dissipation  among  lawyers. 
Their  forensic  efforts  are  often  so  severe  and  exhaust- 
ive thao  they  resort  to  the  use  of  stimulants  to  support 
them  for  the  time.  Others  resort  to  stimulants  because 
the  use  emboldens  them,  excites  the  imagination,  and 
thus  enables  them  to  make  the  greatest  display  of  ora- 
tory. It  is  well  known  to  members  of  the  profession 
that  dissipation  wonderfully  stimulates  and  matures  the 
intellect  for  a  time.  I  have  long  observed  that  those 
lawyers  who  dissipate  soonest  arrive  at  maturity,  and 
soonest  go  down,  as  a  general  rule.     They  are  nearly 


f    I 


R. 


POLITICAL  VIEWS. 


37 


ty  in  them, 
h  of  Chris- 
be  finds  no 
commences 
ime.     Logi- 
rue  -without 
yh  complete 
•equire  time 
rstand  them 
idences  con- 
■ect  and  cir- 
es  great  ca- 
lompared  by 
not  tolerate 
there  are  so 
ar,  is  because 
[1  not  believe 
r  they  do  not 
duous  nature 

1  other  causes 
od  deal,  per- 
long  lawyers. 

and  exhaust- 
Its  to  support 
ilants  because 
,gination,  and 
li  splay  of  ora- 
the  profession 
id  matures  the 
red  that  those 

maturity,  and 
ley  are  nearly 


always  the  greatest  wits  and  orators  among  us,  but  not 
the  best  reasoners. 

But,  besides  these  facts,  there  are  the  many  varied 
scenes  occurring  in  the  pi-actice,  that  continually  call 
off  the  attention  of  lawyers  from  things  future  to  things 
present.  The  witty  joke,  the  amusing  anecdote,  and 
the  ardent  discussion  of  legal  questions  in  and  out  of 
court,  make  their  lives  one  continued  round  of  excite- 
ment. Human  nature  is  exhibited  in  courts  of  justice 
in  its  most  vicious,  melancholy,  and  ridiculous  aspects. 
One  case  is  full  of  the  most  cunningly  devised  fraud, 
another  of  the  most  brutal  crime,  and  a  third  is  so  full 
of  the  ridiculous  that  all  must  laugh  ;  and  the  transition 
from  one  class  of  cases  to  others  is  often  very  rapid. 
Lawyers  but  seldom  see  the  best  traits  of  man  exhibited 
in  court,  for  the  reason  that  the  best  men  are  not  often 
engaged  in  lawsuits.  For  these  and  other  reasons,  the 
path  of  the  lawyer  is  beset  with  temptation. 

rOLITICAL    VIEWS. 

My  father  was  a  Whig,  and  so  were  my  brothers-in- 
law.  When  I  was  between  sixteen  and  seventeen  years 
of  age,  I  read  a  paper  edited  by  Duff  Green,  published 
in  St.  Louis,  and  became  a  Democrat.  But  as  I  grew 
older,  and  since  I  have  studied  more  deeply  the  science 
of  government,  I  have  seen  more  cause  to  doubt  the 
practical  result  of  our  republican  theory  as  it  now  ex- 
ists. I  have  always  desired,  whatever  may  have  been 
my  doubts,  to  give  our  theory  a  full  and  fair  trial ;  being 
satisfied  that,  so  long  as  our  theory  can  be  honestly  and 
efficiently  administered,  it  is  the  best  form  of  govern- 
ment for  the  greatest  number.  It  is  especially  adapted 
to  a  young  people,  free  from  extreme  want,  and  there- 
fore independent  and  virtuous.     But  Avhen  the  popula- 


88 


RECOLLECTIONS  OF  AN   OLD  PIONEER. 


> 


h 


tion  becomes  dense,  dependent,  and  suffering,  and  for 
that  reason  more  corrupt,  then  will  come  the  genuine 
test  of  our  existing  theory  ;  and  I  think,  without  li, 
thorough  and  radical  amendment,  it  must  fail.  The 
three  principles  of  universal  suffrage,  elective  offices,  and 
short  terms,  in  their  combined  legitimate  operation,  will 
in  due  time  politically  demoralize  any  people  in  the  world. 
I  have  given  my  views,  in  full,  in  a  pamphlet  published 
in  1861  by  D.  Appleton  &  Co.  of  New  York,  to  which 
I  refer.  I  am  now  of  the  opinion  that  the  masses  will 
never  permit  a  sound  conservative  amendment  of  our 
theory,  except  by  revolution,  which  I  think  will  occur 
within  the  next  fifty  years.  It  may  require  several  rev- 
olutions in  succession.     This  I  think  most  probable. 

Mr.  Jefferson  was  once  considered  by  me  as  the 
apostle  of  liberty  and  a  great  statesman.  I  do  not 
question  his  sincerity  or  his  patriotism,  but  I  doubt  his 
statesmanship.  I  am  now  of  the  opinion  that  Alexan- 
der Hamilton  was  a  much  greater  statesman  than  Jeffer- 
son or  Madison.  Patrick  Henry  was  the  orator  more 
than  the  statesman.  I  now  consider  Hamilton  to  have 
had  the  clearest  mind  and  the  most  logical  power,  and 
to  have  been  the  greatest  statesman  of  our  country. 
His  contributions  to  the  "  Federalist "  prove  this.  Chief 
Justice  Marshall  was  a  great  man  ;  but  Hamilton  was 
L»efore  him.  The  appreciation  of  Hamilton  by  "Wash- 
ington was  one  of  the  greatest  proofs  of  his  most  suj^e- 
rior  good  sense.  He  understood  true  merit  when  he 
found  it.  Hamilton  sacrificed  himself  to  mistaken  pub- 
lic opinion — the  only  serious  error  he  committed. 


REMARKS    ON   DUELING. 

I  was  never  engaged  in  sending,  or  in  bearing,  and 
never  received,  a  challenge  to  fight  a  duel.    As  a  hum- 


R. 


REMARKS  ON   DUELING. 


89 


ig,  and  for 

he  genuine 

without  li 

fail.     The 

!  offices,  and 

ration,  will 

Q  the  world. 

t  published 

k,  to  which 

masses  will 

nent  of  our 

wuU  occur 

several  rev- 

robable. 

me  as  the 

I  do  not 

I  doubt  his 

hat  Alexan- 

than  Jeffcr- 

orator  more 

ton  to  have 

power,  and 

ur  country. 

this.    Chief 

amilton  was 

a  by  Wash- 

i  most  supc- 

:it  when  he 

Lstaken  pub- 

itted. 


searing,  and 
As  a  hum- 


ble and  steadfast  believer  in  the  sublime  truths  of  Chris- 
tianity, I  could  not  sanction  that  semi-barbai'ous  code. 
But,  aside  from  the  theological  view  of  the  question,  I 
could  not  approve  the  practice. 

It  is  claimed  by  its  friends  that  it  operates  as  a  prac- 
tical check  upon  the  tongues  and  acts  of  vcuw  ;  and  this 
no  doubt  is  true  as  to  some  persons,  but  untrue  as  to 
others  ;  so  that,  upon  the  whole,  it  is  o  i  icdinj^ly  doubi- 
fiil  v/iether  it  does,  in  point  of  fact,  operate  as  a,  check 
upon  slander  and  violence.  I  have  reflected  luuch  upon 
this  subject,  and  watched  its  practical  effect  with  some 
care.  I  do  not  understand  all  the  minute  provisions  of 
this  code,  but  only  know  enough  of  its  main  points  to 
justify  my  conclusions  as  to  its  substantial  character. 

It  is  insisted  by  the  advocates  of  this  code  that  the 
parties  are  placed  as  near  upon  an  equality  as,  in  the 
nature  of  things,  they  can  be.  But  is  this  true  ?  I  think 
not.  It  is  made  the  duty  of  the  party  insulted  to  send 
the  challenge,  and  the  party  challenged  has  a  right  to 
fix  the  terms  upon  which  they  meet ;  and  he,  conse- 
quently, insists  upon  those  that  give  him  a  decided  ad- 
vantage. The  skillful  use  of  weapons,  especially  of  the 
dueling  pistol,  is  an  acquired  art  to  a  great  extent,  and 
requires  years  of  continued  practice  to  fix  the  art  as  a 
habit.  In  fact,  a  man  must  grow  up  accustomed  to  the 
use  of  such  arms,  to  become  completely  and  habitually 
skillful.  Besides,  he  must  possess  a  natural  steadiness 
of  nerve  and  quick  accuracy  of  sight,  to  enable  him  by 
this  long  practice  to  acquire  the  habitual  art  to  perfec- 
tion. I  suppose  that  the  great  majoritj'^  of  men,  with  all 
possible  training,  never  could  become  tu'st-rate  shots  on 
the  wing  with  a  shot-gun,  or  with  a  pistol  at  a  stationary 
object. 

Those  who  possess  the  natural   capacity  and  the 


I  [ 


S       ii; 

rill 


f! 


i 


>  I 


90 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


habitual  training  have  an  immense  advantage  over 
those  who  have  them  not.  Habit  is  second  nature, 
and  becomes  almost  as  certain  as  instinct ;  so  that  the 
habitually  good  shot  will  still  shoot  with  his  accustomed 
accuracy,  whether  alarmed  or  not,  and,  knowing  his 
advantage,  he  has  less  cause  to  be  excited.  On  the 
contrary,  the  party  who  has  not  the  natural  capacity,  or 
lacks  the  habitual  training,  though  able  in  a  pistol-gal- 
lery to  shoot  with  accuracy  at  an  inanimate  figure,  will 
generally  fail  when  he  comes  to  face  his  enemy.  His 
excitement,  brave  and  determined  as  he  may  be,  will 
affect  him  ;  and  he  has  no  fixed  habit  to  save  him  from 
the  effect.  That  those  not  habitually  accustomed  to 
the  use  of  the  pistol  shoot  very  wildly  upon  the  field 
of  battle,  as  compared  with  their  previous  practice,  is 
conclusively  shown  by  the  history  of  different  duels. 

To  induce  a  man  to  acquire  the  habitual  use  of  the 
pistol,  he  must  have,  in  his  own  estimation,  some  con- 
siderable motive  ;  and  when  he  becomes  a  first-rate  shot 
he  is  almost  certain  to  be  proud  of  it,  and  will  very 
naturally  seek  to  use  an  art  of  which  he  is  master.  We 
naturally  love  most  that  in  which  we  most  excel.  I 
have  observed  that  men  who  continually  wear  arms  be- 
come at  last  anxious  to  use  them,  and  thirsty  for  blood. 
They  seem  to  think  that,  after  they  have  carried  arms 
for  a  long  time  and  not  used  them,  they  have  done  an 
idle  and  vain  thing.  It  is  a  great  personal  inconven- 
ience to  wear  arms  and  keep  them  always  in  good  order; 
and  he  who  does  so  must  be  continually  brooding  over 
scenes  of  blood,  until  he  becomes  at  last  anxious  to  get 
into  them  himself.  He  is  therefore  much  more  apt  to 
insult  others  than  Le  would  be  if  the  dueling  code  did 
not  exist.  He  covets  the  reputation  of  the  duelist,  and 
seeks  an  opportunity  to  insult  some  one  he  dislikes. 


lER. 

antage  over 
;ond   nature, 

so  that  the 
8  accustomed 
knowing  his 
ted.  On  the 
1  capacity,  or 

a  pistol-gal- 
te  figui-e,  will 

enemy.     His 
may  be,  will 
ave  him  from 
ccustomed  to 
ipon  the  field 
lis  practice,  is 
rent  duels, 
lal  use  of  the 
on,  some  con- 
first-rate  shot 
and  will  very 
i  master.     We 
nost  excel.     I 
wear  arms  be- 
rsty  for  blood, 
e  carried  arms 

have  done  an 
lonal  inconven- 
in  good  order; 
brooding  over 
anxious  to  get 
ih  more  apt  to 
icling  code  did 
;he  duelist,  and 
ne  he  dislikes. 


'M 


REMARKS  ON  DUELING.  ||| 

He  knows  that,  if  he  gives  the  first  insult,  the  party 
must  challenge  him,  and  then  he  will  adjust  the  terms 
to  suit  himself.  The  world  will  not  inquire  who  was 
to  blame  in  the  first  instance,  inasmuch  as  he  has 
given  the  insulted  party  the  satisfaction  he  demanded. 
He  kills  his  man,  and  secretly,  if  not  openly,  glories  in 
his  success.  In  the  future  he  has  only,  at  intervals,  to 
insult  and  kill  others  in  the  same  way.  The  greater  the 
number  he  slays,  the  greater  his  fame  ;  and,  the  greater 
his  fame,  the  greater  are  his  chances  of  success.  True, 
he  may  fall  at  last  by  a  chance  shot,  but  not  until  he 
has  slain  from  two  to  six  persons. 

Duels  are  much  more  numerous  among  politicians, 
in  proportion  to  numbers,  than  among  any  other  class, 
except  perhaps  army  ofticers.  This  arises,  in  many 
cases,  from  rivalship.  It  becomes  desirable  to  kill  off 
certain  aspirants,  to  get  them  out  of  the  way.  Hence 
they  are  insulted.  Those  well  skilled  in  such  matters 
know  how  much  and  what  to  say  to  produce  a  challenge. 

As  I  have  before  stated,  the  code  prevents  some  men 
from  saying  and  doing  things  they  would  otherwise  say 
or  do  ;  but  it  has  a  contrary  effect  on  others.  There  is, 
in  the  minds  and  hearts  of  proud  men,  a  sort  of  glory  in 
defying  consequences  ;  and  this  stimulates  many  men 
to  say  and  do  offensive  things  that  they  would  not 
otherwise  say  and  do  ;  and  also  prevents  them  from 
makiir;g  a  proper  explanation  after  they  have  done 
wrong,  for  fear  it  will  be  said  that  the  explanation  was 
the  result  of  cowardice.  If  public  opinion  held  the 
practice  of  bitter  language  disreputable,  this  would  pre- 
vent the  use  of  it  more  effectually  than  the  dueling  code. 
One  thing  seems  certain,  that  personal  quarrels  are  most 
common  among  those  who  admit  the  code. 

Duels  are  not  necessarily  evidence  oi personal,  though 


i 


was 


i'  I 


r     18 


I  I 


: 


ii 


f 


1  >:  . 


iiii 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


they  are  evidence  of  the  want  of  true  moral  courage. 
It  is  the  fear  or  love  of  what  others  may  think  and  say 
that  generally  impels  the  duelist.  He  has  not  the  moral 
nerve  to  face  a  false  public  opinion.  He  flees  from  moral 
to  physical  responsibility,  which  shows  more  of  the  ani- 
mal than  of  the  intellectual  being.  The  question  with 
him  is  not  so  much  what  is  right  in  itself,  as  what  is  con- 
sidered so.  He  is  for  effect,  not  reality,  and  prefers  the 
shadow  to  the  substance.  He  is  essentially  selfish,  and 
therefore  he  heeds  not  the  ruin  he  produces.  The  cry 
and  distress  of  the  widow  and  the  orphan  never  reach 
his  dull,  cold  ear,  or  affect  his  stony  heart.  He  is  gen- 
erally the  slave  of  the  times  and  the  country  in  which 
he  lives,  and  never  rises  superior  to  the  scorn  and  con- 
tempt of  the  unwise.  T3eing  contemptible  himself,  he 
fears  contempt.  He  is  not  satisfied  with  simply  being 
in  the  right,  but  is  content  to  be  considered  so,  whether 
right  or  wrong.  He  is  a  being  who  woi'ships  appear- 
ances, and  is  willing  to  do  wrong  to  save  them.  His 
moral  being  exists  in  "  others'  breath."  He  is  never  a 
martyr  for  truth,  but  falls  a  victim  to  interest  or  pride. 
The  only  man  who  can  with  any  plausible  consistency 
be  a  duelist  is  the  man  without  principle,  and  who  de- 
termines to  gain  the  temporary  advantages  of  doing 
wrong,  and  at  the  same  time  enjoying  the  reputation  of 
an  honorable  man.  Hence,  when  detected  in  a  mean  ac- 
tion, and  told  of  it,  his  remedy  is  to  drown  the  infamy 
in  blood. 

When  a  duelist  uses  courteous  and  gentlemanly  lan- 
guage, no  one  can  tell  whethei  it  is  the  result  of  fear  or 
principle.  All  are  uncertain  as  to  what  motive  to  at- 
tribute his  conduct,  as  all  know  he  is  acting  under 
restraint  if  the  code  has  any  effect  in  silencing  his 
tongue.     On  the  contrary,  if  he  abuses  another,  there  is 


R. 


^ 


REMARKS  ON   DUELING. 


93 


al  courage, 
nk  and  say 
t  the  moral 
from  moral 
of  the  ani- 
lestion  with 
what  is  con- 
prefers  the 
selfish,  and 
s.     The  cry 
never  reach 
He  is  gen- 
ry  in  which 
irn  and  con- 
himself,  he 
imply  being 
1  so,  whether 
hips  appear- 
them.     His 
e  is  never  a 
est  or  pride, 
consistency 
and  who  de- 
es of   doing 
eputation  of 
n  a  mean  ac- 
1  the  infamy 

lemanly  lan- 
ilt  of  fear  or 
lotive  to  at- 
cting  under 
lilencing  his 
ther,  there  is 


'vH 


still  a  difficulty  in  determining  whether  he  is  sincere  in 
what  he  says,  or  whether  he  only  wishes  to  show  off  his 
courage,  or  to  induce  his  victim  to  send  him  a  challenge 
that  he  may  kill  him.  The  general  and  legitimate  effect 
of  the  code  is  to  make  hypocrites  of  those  it  restrains, 
and  bullies  of  those  it  urges  on. 

I  can  not  understand  upon  what  principle  two  really 
good  men  should  fight  a  duel.  If  they  are  willing  to 
kill  each  other  simply  for  fear  of  public  opinion,  they 
can  not  be  good  men.  If  a  man  abuses  and  misrepre- 
sents you,  and  you  are  satisfied  that  ho  is  sincere  but 
mistaken,  will  you  seek  his  life  for  a  mere  error  of  judg- 
ment or  defect  of  memory?  On  the  contrary,  if  you 
are  convinced  that  he  willfully  misrepresents  you,  then 
you  believe  he  is  a  liar  ;  and,  unless  you  are  a  liar  your- 
self, he  is  not  your  equal.  Why  should  a  gentleman  and 
a  man  of  pure  justice  put  his  life  against  that  of  a  man 
he  regards  as  destitute  of  honest  principles  ? 

In  short,  my  opinion  of  men  who  engage  in  duels  is 
that  most  of  them  are  atheists,  whose  moral  conduct  de- 
pends upon  the  sliding  scale  of  the  times,  and  who  have 
no  strict  moral  principles  independent  of  public  opinion. 
They  can  generally  have  no  faith  in  a  future  state  of 
rewards  and  punishments  ;  and  hence  they  do  whatever 
they  deem  most  successful  in  this  life.  They  are  slaves 
to  success,  not  devotees  of  principle.  There  are  very 
few  duels  in  communities  where  they  are  odious. 

I  most  readily  and  willingly  admit  that  there  are 
exceptions  to  these  remarks.  Men  sometimes  labor 
under  strange  delusions,  and  lug  themselves  into  the 
opinion  that  it  is  right,  in  some  cases,  to  do  wrong  that 
good  may  come.  This  was  the  case  with  Alexander 
Hamilton.  Ho  conceded  that  the  practice  was  wrong 
in  itself,  but  yielded  to  a  false  public  opinion,  in  order 


>] 


^i 


1 
I 


94 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


that  he  might  be  useful  to  that  public  ;  and  most  griev- 
ously did  he  answer  for  it.  The  result  of  his  own  act 
shows  how  much  he  was  mistaken.  Had  he  dared  to 
do  right,  his  life  would  have  been  spared  to  his  country. 
But  this  plea  of  necessity  is  always  found  in  the 
mouths  of  tyrants  and  moral  culprits  of  every  grade. 
It  is  as  false  as  the  theory  that  you  can  do  an  unconsti- 
tutional act  in  accordance  with  the  Constitution.  When- 
ever the  public  require  a  man  to  do  that  which  is  plain- 
ly wrong,  in  order  to  gain  the  privilege  of  serving  it, 
I  must  say  it  is  unworthy  of  his  services,  and  he  should 
leave  those  with  more  pliable  consciences  to  serve  a 
vitiated  public. 


i\yl 


m:-™  I 


JOIN   THE   DISCIPLES — ART   OF   GOVERXIKG   CHILDREN. 

In  1840  I  became  a  professor  of  Christianity,  and 
joined  the  Disciples,  or  Campbellites  as  they  were  some- 
times called.  I  was  in  my  thirty-third  year.  I  had 
long  reflected  much  upon  the  subject,  but  could  not 
come  to  the  conclusion  that  Christianity  was  true.  I 
Avas  a  Deist,  I  could  never  doubt  the  existence  of  God. 
I  saw  in  the  visible  creation  the  plainest  possible  evi- 
dences of  design — a  perfect  adaptation  of  means  to 
ends.  I  could  not  conceive  how  chance  could  originate 
a  system  of  any  kind  ;  and,  even  if  such  a  thing  were 
possible,  chance  could  destroy  to-day  that  which  it  cre- 
ated but  yesterday.  No  one  could  conceive  that  such 
a  machine  as  a  clock  could  be  the  result  of  accident ; 
and  the  wonderful  mechanism  of  man's  physical  organ- 
ization far  surpasses  the  most  magnificent  productions 
of  human  genius. 

Nor  could  I  understand  how  this  universe  could  be 
uncreated,  and  therefore  eternal.  That  which  is  un- 
created must  be  infinite  :  and  infinitude  admits  of  no 


ART  OF  GOVERNING  CHILDREN. 


95 


lost  griev- 
is  own  act 
5  dared  to 
is  country, 
md  in  the 
^ery  grade. 
Q  unconsti- 
on.  When- 
ch  is  plain- 
serving  it, 
1  he  should 
to  serve  a 


:!HILDKEN. 

iianity,  and 
were  sorae- 
3ar.     I  had 
1  could  not 
'^as  true.     I 
nee  of  God. 
lossible  evi- 
f  means  to 
Id  originate 
thing  were 
vhich  it  cre- 
re  that  such 
)f  accident ; 
sical  organ- 
productions 

rse  could  be 
irhich  is  un- 
idmits  of  no 


changes,  additions,  or  improvements.  The  visible  crea- 
tion is  subject  to  change  and  to  come  to  an  end.  It  is 
confined  within  limits,  and  it  admits  of  additions  and 
improvements.  It  exists  as  the  production  of  some 
superior ;  and  that  superior  can  be  nothing  but  God, 
who  is  infinite,  and  who  communicates  to  inferior  beings 
such  natures,  powers,  and  capacities  as  in  His  wisdom 
and  goodness  He  sees  fit.  "To  be  eternal  is  to  be 
without  beginning  ;  and  to  be  without  beginning  is  to 
be  independent  of  any  cause  or  power." 

The  next  step  in  the  logical  process  is  the  conclusion 
that  the  Creator  must  govern,  in  some  proper  form,  His 
own  creation.  Matter  without  properties,  brutes  with- 
out instinct,  and  rational  beings  without  free  will  and 
without  law,  are  logically  inconceivable.  Pursuing  this 
logical  process  to  an  extent  that  I  can  not,  for  want  of 
space,  record  here,  I  became  thoroughly  convinced  of 
the  entire  truth  of  Christianity. 

In  the  fall  of  1840,  I  moved  to  Platte  City,  the 
county  seat  of  Platte  County.  My  youngest  child, 
Sallie,  was  born  there  in  1841.  My  son  John  M.  Bur- 
nett was  born  in  1838,  and  is  now  a  lawyer  of  good 
standing  in  San  Francisco. 

The  true  art  of  governing  children  is  to  study  their 
peculiarities,  and  adapt  your  government  to  the  disposi- 
tion of  the  child.  The  art  of  rearing  good  children  is 
almost  as  difficult  as  that  of  governing  a  state.  Chil- 
dren, so  far  as  they  know  the  facts,  are  far  more  com- 
petent to  draw  correct  conclusions  than  most  people 
suppose.  Children  are  naturally  truthful ;  and  parents 
should  not  violate  their  own  words,  either  in  making 
promises  of  reward  or  threats  of  punishment.  Those 
who  assume  to  govern  ought  to  be  worthy  to  direct, 
and  should  themselves  never  violate  the  principles  or 


!! 


t 


'  ^^!*i 

■l;l  •' 

•1 

1 1 11 

'*'  '  ii 

! 

i 
1 

! 

■Ii 

j:  iii 
1 
I 

lii  i! 

1 

:  ill 

ill    ' 


•■\ 


96 


RECOLLECTIOxVS  OF  AN  OLD  PIONEER. 


rules  they  inculcate  or  enforce.  Perfect  truth  and  con- 
sistency should  characterize  the  parents.  Then  the  task 
of  government  will  be  much  lighter. 

John  was  a  noble  and  peculiar  child,  and  always 
obedient  when  old  enough  to  understand.    He  was  very 
sensitive,  and  never  would  bear  scolding,  the  only  pun- 
ishment we  ever  inflicted  upon  him.     He  cured  us  of 
this  practice  in  this  way  :    When  he  was  about  four 
years  old,  and  while  we  lived  in  Platte  City,  he  was  in 
the  habit  of  talking  a  great  deal  at  table.     One  day  I 
said  to  him,  "  John,  why  do  you  talk  so  much  at  table  ?  " 
He  looked  at  me  with  the  expression  of  astonishment 
in  his  face,  and  replied  with  childlike  simplicity  and 
earnestness,  "  I  can  not  talk  by  myself,"  meaning  that 
it  was  useless  to  talk  unless  he  had  some  one  to  listen. 
Within  a  day  or  two  after  this,  his  little  tongue  was 
again  clattering  away  while  we  were  at  dinner,  and  his 
mother  scolded  him  for  it.     Upon  this  he  wag  silent, 
but  it  was  evident  that  he  thought  he  was  badly  treated. 
Just  about  that  time  some  one  commenced  blowing  a 
tin  trumpet,  and  the  boy's  large  black  eye  gleamed 
with  a  triumphant   expression,  and  he  at  once  said, 
"  Mother  !  there's  a  horn  or  a  woman's  voice."    After 
that  he  Avas  scolded  very  little.     I  remember  a  very 
acute  reply  made  by  a  little  girl  when  seven  years  of 
age,     I  was  staying  at  a  friend's  house  in  Brooklyn, 
New  York,  in  18G6,  and  his  daughter  Mattie  was  re- 
markably fond  of  her  half -grown  cat ;  so  much  so,  that 
she  would  take  it  with  her  to  the  dinner-table.     Her 
mother  said  to  her,  "  Why  do  you   pet  your  cat  so 
much  ?  "     The  child,  with  a  serious  expression  upon  her 
countenance,  at  once  answered,  "This  cat  can't  go  to 
heaven,"  meaning  that  the  cat  must  be  petted  herCy  and 
that  was  her  reason  for  petting  it  so  much. 


:r. 


ith  and  con- 
len  the  task 

and  always 
He  was  very 
le  only  pun- 
cured  us  of 

about  four 
y,  he  was  in 
One  day  I 
ih  at  table  ?  " 
astonishment 
mplicity  and 
meaning  that 
one  to  listen. 

tongue  was 
nner,  and  his 
le  -wSLi  silent, 
badly  treated, 
ed  blowing  a 
eye  gleamed 
at  once  said, 
oice."    After 
nnber  a  very 
2ven  years  of 
in  Brooklyn, 
[attie  was  re- 
much  so,  that 
jr-table.     Her 
;  your  cat  eo 
3sion  upon  her 
It  can't  go  to 
itted  here,  and 
1. 


CHAPTER  m. 

DETERMINE  TO  GO  TO  OREGON. — ARRIVE  AT  THE  REN- 
DEZVOUS.— REMARKS  ON  THE  NATURE  OF  THE  TRIP. 

In  the  fall  of  1842  I  moved  to  Weston,  in  Platte 
County,  having  purchased  an  interest  in  the  place. 
During  the  winter  of  1842-'43  the  Congressional  report 
of  Senator  Appleton  in  reference  to  Oregon  fell  into 
my  hands,  and  was  read  by  me  with  great  care.  This 
able  report  contained  a  very  accurate  description  of  that 
country.  At  the  same  time  there  was  a  bill  pending  in 
Congress,  introduced  in  the  Senate  by  Dr.  Linn,  one  of 
the  Senators  from  Missouri,  Avhich  proposed  to  donate 
to  each  immigrant  six  hundred  and  forty  acres  of  land 
for  himself,  and  one  hundred  and  sixty  acres  for  each 
child.  1  had  a  wife  and  six  children,  and  would  there- 
fore be  entitled  to  sixteen  hundred  acres.  There  was  a 
fair  prospect  of  the  ultimate  passage  of  the  bill. 

I  saw  tliat  a  great  American  community  would  grow 
up,  in  the  space  of  a  few  years,  upon  the  shores  of  the 
distant  Pacific  ;  and  I  felt  an  ardent  desire  to  aid  in 
this  most  important  enterprise.  At  that  time  the  coun- 
try was  claimed  by  both  Great  Britain  and  the  United 
States  ;  so  that  the  most  ready  and  peaceable  way  to 
settle  the  conflicting  and  doubtful  claims  of  the  two 
governments  was  to  fill  the  country  with  American  citi- 
zens.    If  we  could  only  show,  by  a  practical  test,  that 


Ml 


=^ 


H'l  :;! 


m 


IM' 


i    I! 


1^ 


■A 


1:11: 

:  w    .:  J 


Ik 


:i  i'-i 


Ik  i 


08 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


American  emigrants  could  safely  make  their  way  across 
the  continent  to  Oregon  with  their  wagons,  teams,  cat- 
tle, and  families,  then  the  solution  of  the  question  of 
title  to  the  country  was  discovered.  Of  course,  Great 
Britain  would  not  covet  a  colony  settled  by  American 
citizens. 

The  liealth  of  Mrs.  Burnett  had  been  delicate  for 
some  three  years,  and  it  was  all  we  could  do  to  keep  her 
alive  through  the  winter  in  that  cold  climate.  Iler 
physician  said  the  trip  w^ould  either  kill  or  cure  her.  I 
was  also  largely  indebted  to  my  old  partners  in  the 
mercantile  business.  I  had  sold  all  my  property,  had 
lived  in  a  plain  style,  had  worked  hard,  and  paid  all  I 
could  spare  each  year  ;  and  still  the  amount  of  my  in- 
debtedness seemed  to  be  reduced  very  little. 

Putting  all  these  considerations  together,  I  deter- 
mined, with  the  consent  of  my  old  partners,  to  move  to 
Oregon.  I  therefore  laid  all  my  plans  and  calculations 
before  them.  I  said  that,  if  Dr.  Linn's  bill  should  pass, 
the  land  would  ultimately  enable  mo  to  pay  up.  There 
was  at  least  a  chance.  In  staying  where  I  was,  I  saw  no 
reasonable  probability  of  ever  being  able  to  pay  my 
debts.  I  did  a  good  practice,  and  was  able  to  pay  about 
a  thousand  dollars  a  year  ;  but,  with  the  accumulation 
of  interest,  it  would  require  many  years*  payments,  at 
this  rate,  to  square  the  account.  I  was  determined  not 
to  go  without  the  free  consent  and  advice  of  my  credi- 
tors. They  all  most  willingly  gave  their  consent,  and 
said  to  me,  "Take  what  may  be  necessary  for  the  trip, 
leave  us  what  you  can  spare,  and  pay  us  the  balance 
when  you  become  able  to  do  so." 

I  followed  their  advice,  and  set  to  work  most  vigor- 
ously to  organize  a  wagon  company.  I  visited  the  sur- 
rounding counties,  making  speeches  wherever  I  could 


;r. 

way  across 
teams,  cat- 
question  of 
)urse,  Great 
y  American 

delicate  for 
to  keep  her 
mate.  Her 
cure  her.  I 
ners  in  the 
roperty,  had 
id  paid  all  I 
nt  of  my  in- 

• 

ber,  I  deter- 
;,  to  move  to 
[  calculations 
should  pass, 
r  up.     There 
t\'as,  I  saw  no 
}  to  pay  my 
to  pay  about 
accumulation 
payments,  at 
tenuined  not 
of  my  credi- 
consent,  and 
'  for  the  trip, 
i  the  balance 

k  most  vigor- 
isited  the  sur- 
rever  I  could 


DETERMINE  TO  GO  TO  OREGON. 


99 


find  a  sufficient  audience,  and  succeeded  even  beyond 
my  own  expectations.  Having  completed  my  arrange- 
ments, I  left  my  house  in  Weston  on  the  8th  day  of 
May,  1843,  with  two  ox  wagons,  and  one  small  two- 
horse  wagon,  four  yoke  of  oxen,  two  mules,  and  a  fair 
supply  of  provisions ;  and  arrived  at  the  rendezvous, 
some  twelve  miles  west  of  Independence,  and  just  be- 
yond the  line  of  the  State,  on  the  17th  of  May. 

A  trip  to  Oregon  with  ox  teams  was  at  that  time  a 
new  experiment,  and  was  exceedingly  severe  upon  the 
temper  and  endurance  of  people.  It  was  one  of  the 
most  conclusive  tests  of  character,  and  the  very  best 
school  in  which  to  study  human  nature.  Befoi'e  the 
trip  terminated,  people  acted  upon  their  genuine  princi- 
ples, and  threw  oflF  all  disguises.  It  was  not  that  the 
trip  was  beset  with  very  great  perils,  for  we  had  no  war 
with  the  Indians,  and  no  stock  stolen  by  them.  But 
there  were  ten  thousand  little  vexations  continually  re- 
curring, which  could  not  be  forv^seen  before  they  oc- 
curred, nor  fully  remembered  when  past,  but  were  keen- 
ly felt  while  passing.  At  one  time  an  ox  would  be 
missing,  at  another  time  a  mule,  and  then  a  struggle  for 
the  best  encampment,  and  for  a  supply  of  wood  and 
water  ;  and,  in  these  struggles,  the  worst  traits  of  hu- 
man nature  were  displayed,  and  there  was  no  remedy 
but  patient  endurance.  At  the  beginning  of  the  jour- 
ney there  were  several  fisticuff  fights  in  camp  ;  but  the 
emigrants  soon  abandoned  that  practice,  and  thereafter 
confined  themselves  to  abuse  in  words  only.  The  man 
with  a  black  eye  and  battered  face  could  not  well  hunt 
up  his  cattle  or  drive  his  team. 

But  the  subject  of  the  greatest  and  most  painful 
anxiety  to  us  was  the  suffering  of  our  poor  animals. 
We  could  see  our  faithful  oxen  dying  inch  by  inch, 


11 


:il 


^1 


100 


RECOLLECTIONS  OP  AN  OLD  PIONEER. 


1  '*  I  ^1 ' 

I  ,  ■ ' ' 

Hjij              Mil 

-II             i; 

■''i    -i 

^      ''f             .':! 

j^'l         '  1 

i;      ^ju 

kiL         ;.... 

every  day  becoming  weaker,  and  some  of  them  giving 
out,  and  left  in  the  wilderness  to  fall  a  prey  to  the 
wolves.  In  one  or  two  instances  they  fell  dead  under 
the  yoke,  before  they  would  yield.  We  foi.nd,  upon  a 
conclusive  trial,  that  the  ox  was  the  noblest  of  draft- 
animals  upon  that  trip,  and  possessed  more  genuine 
hardihood  and  pluck  than  either  mules  or  horses.  When 
an  ox  is  once  broken  down,  there  is  no  hope  of  saving 
him.  It  requires  immense  hardship,  however,  to  bring 
him  to  that  point.  He  not  only  gathers  his  food  more 
rapidly  than  the  horse  or  mule,  but  he  will  climb  rocky 
hills,  cross  muddy  streams,  and  plunge  into  swamps  and 
thickets  for  pasture.  He  will  seek  his  food  in  places 
where  other  animals  will  not  go.  On  such  a  trip  as  ours 
one  becomes  greatly  attached  to  his  oxen,  for  upon  them 
his  safety  depends. 

Our  emigrants  were  placed  in  a  new  and  trying  po- 
sition, and  it  was  interesting  to  see  the  influence  of 
pride  and  old  habits  over  men.  They  were  often  racing 
with  their  teams  in  the  early  portion  of  the  journey, 
though  they  had  before  them  some  seventeen  hundred 
miles  of  travel.  No  act  could  have  been  more  incon- 
siderate than  for  men,  under  such  circumstances,  to  in- 
jure their  teams  simply  to  gratify  their  ambition.  Yet 
the  proper  rule  in  such  a  case  was  to  allow  any  and 
every  one  to  pass  you  who  desired  to  do  so.  Our  emi- 
grants, on  the  first  portion  of  the  trip,  were  about  as 
wasteful  of  their  provisions  as  if  they  had  been  at 
home.  When  portions  of  bread  were  left  over,  they 
were  thrown  away ;  and,  when  ary  one  came  to  their 
tents,  he  was  invited  to  eat.  I  remember  well  that,  for 
a  long  time,  the  five  young  men  I  had  with  me  refused 
to  eat  any  part  of  the  bacon  rind,  which  accordingly 
fell  to  my  share,  in  addition  to  an  equal  division  of  the 


ER.   ■ 

them  giving 
prey  to  the 
dead  under 
)i^nd,  upon  a 
Dst  of  draft- 
ore  genuine 
►rses.    When 
)e  of  saving 
v^er,  to  bring 
s  food  more 
climb  rocky- 
swamps  and 
)od  in  places 
1  trip  as  ours 
or  upon  them 

d  trying  po- 
influence  of 
!  often  racing 
the  journey, 
teen  hundred 
more  incon- 
tances,  to  in- 
abition.  Yet 
Jlow  any  and 
30.  Our  emi- 
rere  about  as 
had  been  at 
ft  over,  they 
;ame  to  their 
well  that,  for 
th  me  refused 
1  accordingly 
i vision  of  the 


■4 

•a 


START  FROM  THE  RENDEZVOUS. 


101 


4 


■1 


bacon.  Finally  they  asked  for  and  obtained  their  por- 
tion of  the  bacon  rind,  their  delicate  appetites  having 
become  ravenous  on  the  trip.  Those  who  were  in  the 
habit  of  inviting  every  one  to  eat  who  stood  around  at 
meal-times,  ultimately  found  out  that  they  wore  feeding 
a  set  of  loafers,  and  gave  up  the  practice. 

START  FROM  THE  RENDEZVOUS — KILL  OUR  FIRST  BUF- 
FALO— KILL  OUR  FIRST  ANTELOPE — DESCRIPTIOX  OF 
THE   ANTELOPE. 

I  kept  a  concise  journal  of  the  trip  as  far  as  Walla 
Walla,  and  have  it  now  before  me.  On  the  18th  of 
May  the  emigrants  at  the  rendezvous  held  a  meeting, 
and  appointed  a  committee  to  see  Dr.  Whitman.  The 
meeting  also  appointed  a  committee  of  seven  to  inspect 
wagons,  and  one  of  five  to  draw  up  rules  and  regula- 
tions for  the  journey.  At  this  meeting  I  made  the 
emigrants  a  speech,  an  exaggerated  report  of  which  was 
made  in  1875,  by  ex-Senator  J.  W.  Nesmith  of  Oregon, 
in  his  address  to  the  Pioneers  of  that  State.  The  meet- 
ing adjourned  to  meet  at  the  Big  Springs  on  Saturday, 
the  20th  of  May. 

On  the  20th  I  attended  the  meeting  at  the  Big  Springs, 
where  I  met  Colonel  John  Thornton,  Colonel  Bartle- 
son,  Mr.  Rickman,  and  Dr,  Whitman.     At  this  meeting 

rules  and  regulations  were  adopted.     Mr. ,  who  was 

from  high  up  on  Big  Pigeon,  near  Kit  Bullard's  mill, 
Tennessee,  proposed  that  we  should  adopt  either  the 
criminal  laws  of  Tennessee  or  those  of  Missouri  for  our 
government  on  the  route.  William  Martin  and  Danie' 
Matheny  were  appointed  a  committee  to  engage  Cap- 
tain John  Gant  as  our  pilot  as  far  as  Fort  Hall.  He 
was  accordingly  employed  ;  and  it  was  agreed  in  camp 
that  we  all  should  start  on  Monday  morning,  May  22. 


n 


m 


2(>6al9 


102 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


'", 


:!l 


lllillll 

r 


;M! 


i,;.i 


;! 


We  had  delayed  our  departure,  because  we  thought  the 
grass  too  short  to  support  our  stock.  The  spring  of 
1843  was  very  late,  and  the  ice  in  the  Missouri  River  at 
Weston  only  broke  up  on  the  11th  of  April. 

On  the  22d  of  May,  1843,  a  general  start  was  made 
from  the  rendezvous,  and  we  reached  Elm  Grove,  about 
fifteen  miles  distant,  at  about  3  p.  m.  This  grove  had 
but  two  trees,  both  elms,  and  some  few  dogwood  bushes, 
which  we  used  for  fuel.  The  small  elm  was  most  beauti- 
ful, in  the  wild  and  lonely  prairie  ;  and  e  large  one 
had  all  its  branches  trimmed  off  for  fi  \'ood.  The 
weather  being  clear,  and  the  road  as  good  as  possible,  the 
day's  journey  was  most  delightful.  The  white-sheeted 
wagons  and  the  fine  teams,  moving  in  the  wilderness  of 
green  prairie,  made  the  most  lovely  appearance.  The 
place  where  we  encamped  was  very  beautiful ;  and  no 
scene  appeared  to  our  enthusiastic  visions  more  exquisite 
than  the  sight  of  so  many  wagons,  tents,  fires,  cattle, 
and  people,  as  were  here  collected.  At  night  the  sound 
of  joyous  music  was  heard  in  the  tents.  Our  long 
journey  thus  began  in  sunshine  and  song,  in  anecdote 
and  laughter ;  but  these  all  vanished  before  we  reached 
i  s  termination. 

On  the  24th  we  reached  the  Walkalusia  River,  where 
e  let  our  wagons  down  the  steep  bank  by  ropes.  On 
e  26th  we  reached  the  Kansas  River,  and  we  (inished 
(  ussing  it  on  the  3l8t.  At  this  crossing  we  met  Fathers 
":  e  Smet  and  De  Vos,  missionaries  to  the  Flathead 
-ndians.  On  the  Ist  of  June  we  organized  our  company, 
by  electing  Peter  H.  Burnett  as  Captain,  J.  W.  Nesmith 
as  Orderly  Sergeant,  and  nine  councilmen.  On  the  6th 
we  met  a  war  party  of  Kansas  and  Osage  Indians, 
numbering  about  ninety  warriors.  They  were  all  mount- 
ed on  horses,  had  their  faces  painted  red,  and  had  with 


'i'ii! 


11  !! 


•I  ;ii 


ER. 


KILL  OUR  FIRST   BUFFALO. 


103 


thought  the 
e  Bpring  of 
uri  River  at 

rt  was  made 
irrove,  about 
3  grove  had 
rood  bushes, 
most  beauti- 
.e  large  one 
vood.  The 
possible,  the 
hite-sheeted 
wilderness  of 
ranee.  The 
ful ;  and  no 
are  exquisite 
fires,  cattle, 
tit  the  sound 
Our  long 
in  anecdote 
we  reached 


•% 


them  one  Pawnee  scalp,  with  the  ears  to  it,  and  with  the 
wampum  in  them.  One  of  them,  who  spoke  English 
well,  said  they  had  fasted  three  days,  and  were  very 
hungry.  Our  guide,  Captain  Gant,  advised  us  to  fur- 
nish them  with  provisions ;  otherwise,  they  would 
steal  some  of  our  cattle.  We  deemed  this  not  only 
good  advice  but  good  humanity,  and  furnished  these 
starving  warriors  with  enough  provisions  to  satisfy  their 
hunger.  They  had  only  killed  one  Pawnee,  but  had 
divided  the  ocalp,  making  several  pieces,  some  with  the 
ears  on,  and  part  with  the  cheek.  Two  of  this  party 
were  wounded,  one  in  the  shoulder  and  the  other  in  some 
OLher  part  of  the  body. 

None  of  us  knew  anything  about  a  trip  across  the 
Plains,  except  our  pilot  Captain  Gant,  who  had  made 
several  trips  with  small  parties  of  hired  and  therefore  dis- 
ciplined men,  who  knew  how  to  obey  orders.  But  my 
company  was  composed  of  very  different  materials  ;  and 
our  pilot  had  no  knowledge  that  qualified  him  to  give 
me  sound  advice.  I  adopted  rules  and  endeavored  to  en- 
force them,  but  found  much  practical  diificulty  and  op- 
position ;  all  of  which  I  at  first  attributed  to  the  fact 
that  our  emigrants  were  green  at  the  beginning,  but  com- 
forted myself  with  the  belief  that  they  would  improve  in 
due  time  ;  bat  my  observation  soon  satisfied  me  that  mat- 
ters would  grow  worse.  It  became  very  doubtful  wheth- 
er so  large  a  body  of  emigrants  coul  i  be  practically  kept 
together  on  such  a  journey.  These  considerations  in- 
duced me  to  resign  on  the  8th  of  June,  and  William 
Martin  was  elected  as  my  successor. 

On  the  12th  of  June  we  were  greatly  surprised  and 
delighted  to  hear  that  Captain  Gant  had  killed  a  buffalo. 
The  animal  was  seen  at  the  distance  of  a  mile  from  the 
hunter,  who  ran  upon  him  with  his  horse  and  shot  him 


i 


qi 


1 


ll 


;l 


I  'I 


Uy 


r« 


I 


^ 


I 


i 


' 


, 


f 


m 


i> 


I'll! 


'^ 


104 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


with  a  large  pistol,  several  shots  bein^  -equired  to  kill 
him.  We  were  all  anxious  to  taste  buffalo  meat,  never 
having  eaten  any  before  ;  but  we  found  it  exceedingly- 
poor  and  tough.  The  buffalo  was  an  old  bull,  left  by 
the  herd  because  he  was  unable  to  follow. 

On  the  15th  of  June  one  of  our  party  killed  an  an- 
telope. This  is  perhaps  the  fleetest  animal  in  the 
world  except  the  gazelle,  and  possesses  the  quickest 
sight  excepting  the  gazelle  and  the  giraffe.  The  ante- 
lope has  a  large  black  eye,  like  those  of  the  gazelle  and 
giraffe,  but  has  no  acute  sense  of  smell.  For  this  reason 
this  animal  is  always  found  in  the  prairie,  or  in  very 
open  timber,  and  will  never  go  into  a  thicket.  lie  de- 
pends upon  his  superior  sight  to  discern  an  enemy,  and 
upon  his  fleetness  to  escape  him.  I  have  heard  it  said 
that,  when  wolves  are  much  pressed  with  hunger,  they 
hunt  the  antelope  in  packs,  the  wolves  placing  them- 
selves in  different  positions.  Antelopes,  like  most  wild 
game,  have  their  limits,  within  which  they  range  for 
food  and  water ;  and,  when  chased  by  the  wolves,  the 
antelope  will  run  in  something  like  a  circle,  confining 
himself  to  his  accustomed  haunts.  When  the  chase 
commences,  the  antelope  flies  off  so  rapidly  that  he 
leaves  his  pursuers  far  behind  ;  but  the  tough  and  hun- 
gry wolf,  with  his  keen  scent,  follows  on  his  track  ;  and, 
by  the  time  the  antelope  has  become  cool  and  a  little 
stiff,  the  wolf  is  upon  him,  and  he  flies  from  his  enemy 
a  second  time.  This  race  continues,  fresh  wolves  com- 
ing into  the  chase  to  rcliave  those  that  are  tired,  until 
at  last  the  poor  antelope,  with  all  his  quickness  of  sight 
and  fleetness  of  foot,  is  run  down  and  captured.  As 
soon  as  he  is  killed,  the  wolf  that  has  captured  him  sets 
up  a  loud  howl  to  summon  his  companions  in  the  chase 
to  the  banquet.     When  all  have  arrived,  they  set  to 


ER. 

[uired  to  kill 
meat,  never 
exceedingly 
bull,  left  by 

killed  an  an- 
imal   in  the 

the  quickest 
The  ante- 
le  gazelle  and 
or  this  reason 
e,  or  in  very 
iket.  He  de- 
n  enemy,  and 

heard  it  said 

hunger,  they 
jlacing  them- 
ike  most  wild 
ley  range  for 
le  wolves,  the 
rcle,  confining 
ion  the  chase 
pidly  that  he 
ough  and  hun- 
lis  track  ;  and, 
ol  and  a  little 
rom  his  enemy 
h  wolves  com- 
ire  tired,  until 
skness  of  sight 
captured.     Aa 
(tured  him  sots 
ns  in  the  chase 
Hy  they  set  to 


TUE  ANTELOPE. 


105 


t 


eating  the  carcass,  each  wolf  taking  what  be  can  get, 
there  being  no  fighting,  but  only  some  snarling,  among 
the  wolves.  This  statement  I  do  not  know  to  be  true 
of  my  own  knowledge,  but  think  it  quite  probable.  It 
seems  to  be  characteristic  of  the  dog  family,  in  a  wild 
state,  to  hunt  together  and  devour  the  common  prey  in 
partnership.  Bruce,  in  his  account  of  his  travels  in 
Abyssinia,  relates  that  he  saw  five  or  six  hyenas  all  en- 
gaged in  devouring  one  carcass  ;  and  that  he  killed  four 
of  them  at  one  shot  with  a  blunderbuss,  loaded  with  a 
large  charge  of  powder  and  forty  bullets. 

When  an  antelope  once  sees  the  hunter,  it  is  impos- 
sible to  stalk  he  animal.  On  the  trip  to  Oregon  I  tried 
the  experiment  without  success.  When  I  saw  the  ante- 
lope, upon  the  top  of  a  small  hill  or  mound,  looking  at 
me,  I  would  turn  and  walk  away  in  the  opposite  direc- 
tion, until  I  was  out  of  sight  of  the  animal;  then  I  would 
make  a  turn  at  right  angles,  until  I  found  some  object 
between  me  and  the  antelope,  behind  which  I  could  ap- 
proach unsocn  within  rifle-shot  ;  but  invariably  the  wily 
creature  Avould  be  found  on  the  top  of  some  higher  ele- 
vation, looking  at  me  creeping  up  behind  the  object  that 
I  had  supposed  concealed  me  from  my  coveted  prey. 
The  only  practical  way  of  deceiving  an  antelope  is  to 
fall  flat  upon  the  ground  among  the  grass,  and  hold  up 
on  your  ramrod  a  hat  or  handkerchief,  while  you  keep 
yourself  concealed  from  his  view.  Though  exceedingly 
wary,  the  curiosity  of  the  animal  is  so  great  that  he  will 
often  slowly  and  cautiously  approach  within  rifle-shot. 

On  the  ICtli  of  June  we  saw  a  splendid  race  between 
some  of  our  dogs  and  an  antelope,  which  ran  all  the  way 
down  the  long  line  of  wagons,  and  about  a  hundred  and 
fifty  yards  distant  from  them.  Greyhounds  were  let 
loose,  but  could  not  catch  it       It  ran  very  smoothly, 


I 


II 


-fm 


i\)  '  ji 


Nif 

M 

\ "' 

'1 1 

106 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


making  no  long  bounds  like  the  deer  or  horse,  but  seemed 
to  glide  through  the  air.  The  gait  of  the  antelope  is  so 
peculiar  that,  if  one  was  running  at  the  top  of  his  speed 
over  a  perfectly  smooth  surface,  his  body  would  always 
be  substantially  the  same  distance  from  the  earth. 

Lindsey  Applegate  gave  this  amusing  and  somewhat 
exaggerated  account  of  a  race  between  a  very  fleet 
greyhound  and  an  antelope.  The  antelope  was  off  to  the 
right  of  the  road  half  a  mile  distant,  and  started  to  cross 
the  road  at  right  angles  ahead  of  the  train.  The  grey- 
hound saw  him  start  in  the  direction  of  the  road,  and 
ran  to  meet  him,  so  regulating  his  pace  as  to  intercept 
the  antelope  at  the  point  where  he  crossed  the  road. 
The  attention  of  the  antelope  being  fixed  upon  the 
train,  he  did  not  see  the  greyhound  until  the  latter  was 
within  twenty  feet  of  him.  Then  the  struggle  com- 
menced, each  animal  running  at  his  utmost  speed.  The 
greyhound  only  ran  about  a  quarter  of  a  mile,  when  he 
gave  up  the  race,  and  looked  with  seeming  astonishment 
at  the  animal  that  beat  him,  as  no  other  animal  had 
ever  done  before.  Applegate  declared,  in  strong  hyper- 
bolical language,  that  "  the  antelope  ran  a  mile  before 
you  could  see  the  dust  rise." 

CROSS    TO    THE    GREAT    VALLEY     OF    TUB     PLATTE — BUF- 
FALO   HUNT — DESCRIPTION    OF    THAT    ANIMAL. 

Ever  since  we  crossed  Kansas  River  we  had  been 
traveling  up  Blue  River,  a  tributary  of  the  fonner.  On 
the  l?th  of  June  we  reached  our  last  encampment  on 
Blue.  We  here  saw  a  band  of  Pawnee  Indians,  return- 
ing from  a  buffalo-hunt.  They  had  quantities  of  dried 
buffalo-meat,  of  which  they  generously  gave  us  a  good 
supply.  They  were  fine-looking  Indians,  who  did  not 
shave  their  heads,  but  cut  their  hair  short  like  white  men. 


R. 


CROSS  TO  THE  GREAT  VALLEY   OF  THE  PLATTE.  107 


but  seemed 
itelope  is  so 
of  his  speed 
ould  always 
earth. 

d  somewhat 
a  very  fleet 
as  off  to  the 
rted  to  cross 
The  grey- 
le  road,  and 
to  intercept 
sd  the  road, 
upon  the 
le  latter  was 
truggle  com- 
,  speed.    The 
nile,  when  he 
astonishment 
ir  animal  had 
strong  hyper- 
a  mile  before 


PLATTK — BUF- 
ANIMAL. 

we  had  been 
e  f  oi-raer.  On 
icampment  on 
ulians,  return- 
titles  of  dried 
ave  us  a  good 
5,  who  did  not 
ike  white  men. 


On  the  18th  of  June  we  crossed  from  the  Blue  to  the 
great  Platte  River,  making  a  journey  of  from  twenty- 
five  to  thirty  miles,  about  the  greatest  distance  we  ever 
traveled  in  a  single  day.  The  road  was  splendid,  and 
we  drove  some  distance  into  the  Platte  bottom,  and  en- 
camped in  the  open  prairie  without  fuel.  Next  morn- 
ing we  left  very  early,  without  breakfast,  having  trav- 
eled two  hundred  and  seventy-one  miles  from  the  ren- 
dezvous, according  to  the  estimated  distance  recorded 
in  my  journal. 

We  traveled  up  the  south  bank  of  the  Platte,  which, 
at  the  point  where  we  struck  it,  was  from  a  mile  to  a 
mile  and  a  half  wide.  Though  not  so  remarkable  as 
the  famed  and  mysterious  Nile  (which,  from  the  mouth 
of  the  Atbara  River  to  the  Mediterranean  sea,  runs 
through  a  desert  some  twelve  hundred  miles  without 
receiving  a  single  tributary),  the  Platte  is  still  a  re- 
markable stream.  Like  the  Nile,  it  runs  hundreds  of 
miles  through  a  desert  without  receiving  any  tributaries. 
Its  general  course  is  almost  as  straight  as  a  direct  line. 
It  runs  through  a  formation  of  sand  of  equal  consist- 
ence ;  and  this  is  the  reason  its  course  is  so  direct. 

The  /alley  of  the  Platte  is  about  twenty  miles  wide, 
through  the  middle  of  which  this  wide,  shallow,  and 
muddy  stream  makes  its  rapid  course.  Its  banks  are 
low,  not  exceeding  five  or  six  feet  in  height ;  and  the 
river  bottoms  on  each  side  seem  to  the  eye  a  dead  level, 
covered  with  luxuriant  grass.  Ten  miles  from  the  river 
you  come  to  the  foot  of  the  table-lands,  which  are  also 
apparently  a  level  sandy  plain,  elevated  some  hundred 
and  fifty  feet  above  the  river  bottoms.  On  these  plains 
grows  the  short  buffalo-grass,  upon  which  the  animal 
feeds  during  a  portion  of  the  year.  As  the  dry  season 
approaches,  the  water,  which  stands  in  pools  on  these 


f 

m 


■li 


'il 


lOP 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


table-lands,  dries  up,  and  the  buffaloes  are  compelled  to 
go  to  the  Platte  for  water  to  drink.  They  start  for 
water  about  10  a.  m.,  and  always  travel  in  single  file, 
one  after  the  other,  and  in  parallel  lines  about  twenty 
yards  apart,  and  go  in  a  direct  line  to  the  river.  They 
invai'iably  travel  the  same  routes  over  and  over  again, 
until  they  make  a  path  some  ten  inches  deep  and  twelve 
inches  wide.  These  buffalo-paths  constituted  quite  an 
obstruction  to  our  wagons,  which  were  heavily  laden  at 
this  point  in  our  journey.  Several  axles  were  broken. 
We  had  been  apprised  of  the  danger  in  advance,  and 
each  wagon  was  supplied  with  an  extra  axle. 

In  making  our  monotonous  journey  up  the  smooth 
valley  of  the  Platte,  through  the  warm  genial  sunshine 
of  summer,  the  feeling  of  drowsiness  was  so  great  that 
it  was  extremely  difficult  to  keep  awake  during  the  day. 
Instances  occurred*  where  the  drivers  went  to  sleep  on 
the  road,  sitting  in  the  front  of  their  wagons  ;  and  the 
oxen,  being  about  as  sleepy,  would  stop  until  the  drivers 
were  aroused  from  their  slumber.  My  small  wagon  was 
only  used  for  the  family  to  ride  in  ;  and  Mrs.  Burnett 
and  myself  drove  and  slept  altei'nately  during  the  day. 

One  great  difficulty  on  this  part  of  the  trip  was  the 
scarcity  of  fuel.  Sometimes  we  found  dry  willows, 
sometimes  we  picked  up  pieces  of  di*ift-Avood  along  the 
way,  which  we  put  into  our  wagons,  and  hauled  them 
along  until  we  needed  them.  At  many  points  of  the 
route  up  the  Platte  we  had  to  use  buffalo-chips.  By 
cutting  a  trench  some  ton  inches  deep,  six  inches  wide, 
and  two  feet  long,  we  were  enabled  to  get  along  with 
very  little  fuel.  At  one  or  two  places  the  wind  was  so 
severe  that  we  were  forced  to  use  the  trenches  in  order 
to  make  a  fire  at  all. 

On  the  30tli  of  June  we  sent  out  a  party  of  hunters. 


BUFFALO-HUNT. 


109 


pelled  to 
start  for 
ngle  file, 
it  twenty 
T.     They 
rer  again, 
ad  twelve 
.  quite  an 
f  laden  at 
e  broken, 
ance,  and 

le  smooth 
il  sunshine 
great  that 
ig  the  day. 
,o  sleep  on 
g  ;  and  the 
the  drivers 
wagon  was 
rs.  Burnett 
g  the  day. 
rip  was  the 
ry  willows, 
d  along  the 
auled  them 
)int8  of  the 
-chips.     By 
inches  wide, 
,  along  with 
svind  was  so 
!hes  in  order 

f  of  hunters, 


i 


who  returned  on  the  24th  with  plenty  of  fresh  buffalo- 
meat.  We  thought  the  flesh  of  the  buffalo  the  most 
excellent  of  all  flesh  eaten  by  man.  Its  flavor  is  de- 
cidedly different  from  that  of  beef,  and  far  superior, 
and  the  meat  more  digestible.  On  a  trip  like  that,  in 
that  dry  climate,  our  appetites  were  excellent ;  but,  even 
making  every  reasonable  allowance,  I  still  think  buffalo 
the  sweetest  meat  in  the  world. 

The  American  buffalo  is  a  peculiar  animal,  remark- 
ably hardy,  and  much  fleeter  of  foot  than  any  one  would 
suppose  from  his  round  short  figure.  It  requires  a  fleet 
horse  to  overtake  hira.  His  sense  of  smell  is  remark- 
ably acute,  while  those  of  sight  and  hearing  are  very 
dull.  If  the  wind  blows  from  the  hunter  to  the  buffalo, 
it  is  impossible  to  approach  him.  I  remember  that,  on 
one  occasion,  while  we  were  traveling  up  the  Platte,  I 
saw  a  band  of  some  forty  buffaloes  running  obliquely 
toward  the  river  on  the  other  side  from  us,  and  some 
three  miles  off  ;  and,  the  moment  that  their  leader  struck 
the  stream  of  tainted  atmosphere  passing  from  us  to 
them,  he  and  the  rest  of  the  herd  turned  at  right  angles 
from  their  former  course,  and  fled  in  the  direction  of  the 
wind. 

On  one  occasion  five  of  us  went  out  on  fleet  horses 
to  hunt  buffaloes.  We  soon  found  nine  full-grown  ani- 
mals, feeding  near  the  head  of  a  ravine.  The  wind  blew 
from  them  to  us,  and  their  keen  scent  was  thus  worth- 
loss  to  them,  as  the  smell  will  only  travel  with  the  wind. 
We  rode  quietly  up  the  ravine,  until  we  arrived  at  a 
point  only  about  one  hundred  yards  distant,  when  we 
formed  in  line,  side  by  side,  and  the  order  was  given  to 
charge.  We  put  our  horses  at  once  to  their  utmost 
speed  ;  and  the  loud  clattering  of  their  hoofs  over  the 
dry  hard  ground  at  once  attracted  the  attention  of  the 


k 


il 

It 
il 

III 


m 


I'.^M 


Hilll 


li 


i: 


f      i 


m 


M 


liiliHi!! 


i-iiiiiif^'' 


! 


m  i\m\ 


110 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


buffaloes,  which  raised  their  heads  and  gazed  at  us  for 
an  instant,  and  then  turned  and  fled.  By  the  time  they 
started  we  were  within  fifty  yards  of  them.  The  race 
was  over  a  level  plain,  and  we  gradually  gained  upon 
the  fleeing  game  ;  but,  when  we  approached  within  twen- 
ty yards  of  them,  we  could  plainly  see  that  they  let  out 
a  few  more  links,  and  ran  much  faster.  I  was  riding  a 
fleet  Indian  pony,  and  was  ahead  of  all  my  comrades 
except  Mr.  Garrison,  who  rode  a  bloodbv.  American  mare. 
He  dashed  in  ahead  of  me,  and  fired  with  a  large  horse- 
pistol  at  the  largest  buffalo,  giving  the  animal  a  slight 
wound.  The  moment  the  buffalo  felt  himself  wounded, 
that  moment  he  bore  off  from  the  others,  they  continu- 
ing close  together,  and  he  running  by  himself. 

I  followed  the  wounded  buffalo,  and  my  comrades 
followed  the  others.  The  moment  I  began  to  press 
closely  upon  the  wounded  animal,  he  turned  suddenly 
around,  and  faced  me  with  his  shaggy  head,  black  horns, 
and  gleaming  eyes.  My  pony  stopped  instantly,  and  I 
rode  around  the  old  bull  to  get  a  shot 'at  his  side,  know- 
ing that  it  would  be  idle  to  shoot  him  in  the  head,  as  no 
rifle-ball  will  penetrate  to  the  brain  of  a  buffalo-bull. 
But  the  animal  would  keep  his  head  toward  me.  I  knew 
my  pony  had  been  trained  to  stand  wherever  he  was 
left,  and  I  saw  that  the  wounded  bull  never  charged  at 
the  horse.  So  I  determined  to  dismount,  and  try  to  get 
a  shot  on  foot.  I  would  go  a  few  yards  from  my  horse, 
and  occasionally  the  buffalo  would  bound  toward  me, 
and  then  I  would  dodge  behind  my  pony,  which  stood 
like  a  statue,  not  exhibiting  the  slightest  fear.  For 
some  reason  the  wounded  animal  would  not  attack  the 
pony.  Perhaps  the  buffalo  had  been  before  chased  by 
Indians  on  horseback,  and  for  that  reason  was  afraid  of 
the  pony.     At  last  I  got  a  fair  opportunity,  and  shot 


R. 


DESCRIPTIOX  OF  THAT  ANIMAL. 


Ill 


d  at  us  for 
e  time  they 
The  race 
ained  upon 
vithin  twen- 
they  let  out 
vas  riding  a 
ly  comrades 
erican  mare, 
large  horse- 
imal  a  slight 
elf  wounded, 
;hey  continu- 
lelf. 

ny  comrades 
gan  to  press 
led  suddenly 
[,  black  horns, 
stantly,  and  I 
lis  side,  know- 
lie  head,  as  no 
I  buffalo-bull, 
i  me.    I  knew 
erever  he  was 
^er  charged  at 
and  try  to  get 
rom  my  horse, 
id  toward  me, 
jT,  which  stood 
est  fear.     For 
not  attack  the 
fore  chased  by 
a  was  afraid  of 
unity,  and  shot 


the  buffalo  through  the  lungs.  The  moment  he  felt  the 
shot,  he  turned  and  fled,  and  after  running  a  quarter  of 
a  mile  fell  dead.  The  shot  through  the  lungs  is  the 
most  fatal  to  the  buffalo,  as  he  soon  smothers  from  the 
effects  of  internal  haemorrhage.  It  is  a  singular  fact 
that,  before  a  buffalo  is  wounded,  he  will  never  turn  and 
face  his  pursuer,  but  will  run  at  his  best  speed,  even 
until  the  hunter  is  by  his  side  ;  but  the  moment  a  buf- 
falo-bull is  wounded,  even  slightly,  he  will  quit  the 
band,  and  when  pressed  by  the  hunter  will  turn  and  face 
him.  The  animal  seems  to  think  that,  when  wounded, 
his  escape  by  flight  is  impossible,  and  his  only  chance  is 
in  combat. 

On  the  2Tth  of  June  our  people  had  halted  for  lunch 
at  noon,  and  to  rest  the  teams  and  allow  the  oxen  to 
graze.  Our  wagons  were  about  three  hundred  yards 
from  the  river,  and  were  strung  out  in  line  to  the  dis- 
tance of  one  mile.  While  taking  our  lunch  we  saw 
seven  buffalo-bulls  on  the  opposite  side  of  the  river, 
coming  toward  us,  as  if  they  intended  to  cross  the  river 
in  the  face  of  our  whole  caravan.  When  they  arrived 
on  the  opposite  bank  they  had  a  full  view  of  us ;  and 
yet  they  deliberately  entered  the  river,  wading  a  part 
of  the  distance,  and  swimming  the  remainder.  When 
we  saw  that  they  were  determined  to  cross  at  all  haz- 
ards, our  men  took  their  rifles,  formed  in  line  between 
the  wagons  and  the  river,  and  awaited  the  approach  of 
the  animals.  So  soon  as  they  rose  the  bank,  they  came 
on  in  a  run,  broke  boldly  through  the  line  of  men,  and 
bore  to  the  left  of  the  wagons.  Three  of  them  were 
killed,  and  most  of  the  others  wounded. 


I 


I 


l\M 


m 


li 


!:i^'l 


r.i 

m 


^m 


112 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


.  * 


I J 


■'« 


■1 

III 


!. 


CROSS  THE  SOUTH  FORK— ARRIVE  AT  FORT  LARAMIE — 
CHEYENNE  CHIEF  —  CROSS  THE   NORTH   FORK — 

DEATHS  OF  PAINE  AND  STEVENSON CROSS  GREEN 

RIVER — ARRIVE  AT  FORT  HALL. 

On  the  29th  of  June  we  arrived  at  a  grove  of  tim- 
ber, on  the  south  bank  of  the  South  Fork  of  the  Platte. 
This  was  the  only  timber  we  had  seen  since  we  struck 
the  river,  except  on  the  islands,  which  were  covered 
with  cottonwoods  and  willows.  From  our  first  camp 
upon  the  Platte  to  this  point,  we  had  traveled,  accord- 
ing to  my  estimates  recorded  in  my  journal,  one  hun- 
dred and  seventy-three  miles,  in  eleven  days. 

On  Juiy  1st  we  made  three  boats  by  covering  our 
wagon-boxes  or  beds  with  ^/een  buffalo-hides  sewed  to- 
gether, stretched  tightly  over  the  boxes,  flesh  side  out, 
and  tacked  on  with  large  tacks ;  and  the  boxes,  thus 
covered,  were  then  turned  up  to  the  sun  until  the  hides 
were  thoroughly  dry.  This  process  of  drying  the  green 
hides  had  to  be  repeated  several  times.  From  July  1st 
to  the  5th,  inclusive,  we  were  engaged  in  crossing  the 
river.  On  the  Tth  we  arrived  at  the  south  bank  of  the 
North  Fork  of  the  Platte,  having  traveled  a  distance  of 
twenty-nine  miles  from  the  South  Fork.  We  had  not 
seen  any  prairie-chickens  since  we  left  the  Blue.  On 
the  9th  we  saw  three  beautiful  wild  horses.  On  the 
14th  we  arrived  at  Fort  Laramie,  where  we  remained 
two  days,  repairing  our  wagons.  We  had  traveled 
from  the  crossing  of  South  Fork  one  hundred  and 
forty-one  miles  in  nine  days.  Prices  of  articles  at  this 
trading  post :  Coffee,  $1.50  a  pint ;  brown  sugar,  the 
same  ;  flour,  unbolted,  25  cents  a  pound  ;  powder,  $1.50 
a  pound  ;  lead,  75  cents  a  pound  ;  percussion-caps,  $1.50 
a  box  ;  calico,  very  inferior,  $1  a  yard. 


.'£ 


'Uii 


R. 


CROSS  THE  SOUTH  FORK. 


113 


LARAMIE — 
II  FORK — 
;OSS    GREEN 

ove  of  tim- 
tlie  Platte. 

e  we  struck 
re  covered 
first  camp 

led,  accord- 

il,  one  liun- 

■ 

overing  our 
es  sewed  to- 
!sh  side  out, 
boxes,  thus 
til  the  hides 
ig  the  green 
•om  July  1st 
crossing  the 
bank  of  the 
a,  distance  of 
Wc  had  not 
e  Blue.  On 
;es.  On  the 
we  remained 
lad  traveled 
lundred  and 
'tides  at  this 


n  sugar, 


the 


owder,  $1.50 
n-caps,  $1.50 


'fM 


i 


^-1 


At  the  Fort  we  found  the  Cheyenne  chief  and  some 
of  his  people.  He  was  a  tall,  trim,  noble-looking  Indian, 
aged  about  thirty.  The  Cheyennes  at  that  time  boasted 
that  they  had  never  shed  the  blood  of  the  white  man. 
He  went  alone  very  freely  among  our  people,  and  I 
happened  to  meet  him  at  one  of  our  camps,  where  there 
was  a  foolish,  rash  young  man,  who  wantonly  insulted 
the  chief.  Though  the  chief  did  not  understand  the 
insulting  words,  he  clearly  comprehended  the  insulting 
tone  and  gestures.  I  saw  from  the  expression  of  his 
countenance  that  the  chief  was  most  indignant,  though 
perfectly  cool  and  brave.  He  made  no  reply  in  words, 
but  walked  away  slowly  ;  and,  when  some  twenty  feet 
from  the  man  who  had  insulted  him,  he  turned  around, 
and  solemnly  and  slowly  shook  the  forefinger  of  his 
right  hand  at  the  young  man  several  times,  as  much 
as  to  say,  "I  will  attend  to  your  case." 

I  saw  there  was  trouble  coming,  and  I  followed  the 
chief,  and  by  kind  earnest  gestures  made  him  under- 
stand at  last  that  this  young  man  was  considered  by  us 
all  as  a  half-witted  fool,  unworthy  of  the  notice  of  any 
sensible  man  ;  and  that  we  never  paid  attention  to  what 
he  said,  as  we  hardly  considered  him  responsible  for  his 
language.  The  moment  the  chief  comprehended  my 
meaning  I  saw  a  change  come  over  his  countenance,  and 
he  went  away  perfectly  satisfied.  He  was  a  clear- 
headed man  ;  and,  though  unlettered,  he  understood  hu- 
man nature. 

In  traveling  up  the  South  Fork  we  saw  several  In- 
dians, who  kept  at  a  distance,  and  never  manifested  any 
disposition  to  molest  us  in  any  way.  They  saw  we 
were  mere  travelers  through  their  country,  and  would 
only  destroy  a  small  amount  of  their  game.  Besides, 
they  must  have  been  impressed  with  a  due  sense  of  our 


h 


il 
if 

IH! 


$ 


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11 


114 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


!■  !!:■ 


>    ►      'I 


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¥ 


mm 


power.  Our  long  line  of  Avagons,  teams,  cattle,  and 
men,  on  the  smooth  plains,  and  under  the  clear  skies 
of  Platte,  made  a  most  grand  appearance.  They  had 
never  before  seen  any  spectacle  like  it  They,  no  doubt, 
supposed  we  had  cannon  concealed  in  our  wagons.  A 
few  years  before  a  military  expedition  had  been  sent  out 
from  Fort  Leavenworth  to  chastise  some  of  the  wild 
prairie  tribes  for  depredations  committed  against  the 
whites.  General  Bennet  Riley,  then  Captain  Riley,  had 
command,  and  had  with  him  some  cannon.  In  a  skir- 
mish with  the  Indians,  in  the  open  prairie,  he  had  used 
his  cannon,  killing  some  of  the  Indians  at  a  distance  be- 
yond rifle-shot.  This  new  experience  had  taught  them 
a  genuine  dread  of  big  guns. 

The  Indians  always  considered  the  wild  game  as 
much  their  property  as  they  did  the  country  in  which  it 
was  found.  Though  breeding  and  maintaining  the  game 
cost  them  no  labor,  yet  it  lived  and  fattened  on  their 
grass  and  herbage,  and  was  as  substantially  within  the 
power  of  these  roving  people  and  skillful  hunters  as  the 
domestic  animals  of  the  white  man. 

On  the  24th  of  July  we  crossed  the  North  Fork  of 
Platte  by  fording,  without  difficulty,  having  traveled 
the  distance  of  one  hundred  and  twenty-two  miles  from 
Fort  Laramie  in  nine  days.  On  the  27th,  we  arrived  at 
the  Sweetwater,  having  traveled  from  the  North  Fork 
fifty-five  miles  in  three  days.  On  the  3d  of  August,  while 
traveling  up  the  Sweetwater,  we  first  came  in  sight  of  the 
eternal  snows  of  the  Rocky  Mountains.  This  to  us  was 
a  grand  and  magnificent  sight.  We  had  never  before 
seen  the  perpetually  snow-clad  summit  of  a  mountain. 
This  day  William  Martin  brought  into  camp  the  foot  of 
a  very  rare  carnivorous  animal,  much  like  the  hyena, 
and  with  no  known  name.     It  was  of  a  dark  color,  had 


IR. 


DEATHS  OF  PAINE  AND  STEVENSON. 


115 


cattle,  and 

clear  skies 

They  had 

Y,  no  doubt, 

igons.     A 

een  sent  out 

of  the  wild 

against  the 

n  Riley,  had 

In  a  skir- 

he  had  used 

distance  be- 

: aught  them 

ild  game  as 
J  in  which  it 
mg  the  game 
med  on  their 
ly  within  the 
unters  as  the 

orth  Fork  of 
ing  traveled 
^o  miles  from 
w^e  arrived  at 

North  Fork 
\ugust,  while 
n  sight  of  the 
'his  to  us  was 
never  before 

a  mountain, 
ip  the  foot  of 
e  the  hyena, 
irk  color,  had 


very  large  teeth,  and  was  thought  to  be  strong  enough 
to  kill  a  half-grown  buffalo. 

On  the  4th  of  August  Mr.  Paine  died  of  fever,  and 
we  remained  in  camp  to  bury  hjm.  AYe  buried  him  in 
the  wild,  shelterless  plains,  close  to  the  new  road  w^e 
had  made,  and  the  funeral  scene  was  most  sorrowful 
and  impressive.  Mr.  Garrison,  a  Methodist  preacher,  a 
plain,  humble  man,  delivered  a  most  touching  and  beau- 
tiful prayer  at  the  lonely  grave. 

On  the  5th,  6th,  and  7th  we  crossed  the  summit  of 
the  Rocky  Mountains,  and  on  the  evening  of  the  7th  we 
first  drank  of  the  waters  that  flow  into  the  great  Pacific. 
The  first  Pacific  water  we  saw  was  that  of  a  large,  pure 
spring.  On  the  9th  we  came  to  the  Big  Sandy  at  noon. 
This  day  Stevenson  died  of  fever,  and  we  buried  him 
on  the  sterile  banks  of  that  stream.  On  the  11th  we 
crossed  Green  River,  so  called  from  its  green  color.  It 
is  a  beautiful  stream,  containing  fine  fish.  On  the  mar- 
gins of  this  stream  there  are  extensive  groves  of  small 
cottonwood-trees,  about  nine  inches  in  diameter,  with 
low  and  brushy  tops.  Those  trees  are  cut  down  by  the 
hunters  and  trappers  in  winter,  for  the  support  of  their 
mules  and  hardy  Indian  ponies.  The  animals  feed  on 
the  tender  twigs,  and  on  the  bark  of  the  smaller  limbs, 
and  in  this  way  manage  to  live.  Largo  quantities  of 
this  timber  are  thus  destroyed  annually. 

On  the  12th  of  August  we  were  informed  that  Dr. 
Whitman  had  written  a  letter,  stating  that  the  Catholic 
missionaries  had  discovered,  by  the  aid  of  their  Flathead 
Indian  pilot,  a  pass  through  the  mountains  by  way  of 
Fort  Bridger,  which  was  shorter  than  the  old  route. 
We  therefore  determined  to  go  by  the  fort.  There  was 
a  heavy  frost  with  thin  ice  this  morning.  On  the  14th 
we  arrived  at  Fort  Bridger,  situated  on  Black's  Fork  of 


"I 


H 


m 


■  "1 


! 
I 


^'f  t 


» 


ne 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


0 


M     H 


Green  River,  having  traveled  from  our  first  camp  on 
the  Sweetwater  two  hundred  and  nineteen  miles  in 
eighteen  days.  Here  we  overtook  the  missionaries.  On 
the  17th  we  arrived  on  the  banks  of  Bear  River,  a  clear, 
beautiful  stream,  with  abundance  of  good  fish  and  plenty 
of  wild  ducks  and  geese.  On  the  22d  we  arrived  at  the 
great  Soda  Springs,  when  we  left  Bear  River  for  Fort 
Hall,  at  which  place  we  arrived  on  the  27th,  having 
traveled  two  hundred  and  thirty-five  miles  from  Fort 
Bridger  in  thirteen  days. 

Fort  Hall  was  then  a  trading  post,  belonging  to  the 
Hudson's  Bay  Company,  and  was  under  the  charge  of 
Mr.  Grant,  who  was  exceedingly  kind  and  hospitable. 
The  fort  was  situated  on  the  south  bank  of  Snake  River, 
in  a  wide,  fertile  valley,  covered  with  luxuriant  grass, 
and  watered  by  numerous  springs  and  small  streams. 
This  valley  had  once  been  a  great  resort  for  buffaloes, 
and  their  skulls  were  scattered  around  in  every  direc- 
tion. We  saw  the  skulls  of  these  animals  for  the  last 
time  at  Fort  Boise,  boyond  which  point  they  were  never 
seen.  The  Company  :  ad  bands  of  horses  and  herds  of 
cattle  grazing  on  thrje  rich  bottom-lands. 

Up  to  this  poiiit  the  route  over  which  we  had  passed 
was  perhaps  the  finest  natural  road,  of  the  same  length, 
to  be  found  in  the  world.  Only  a  few  loaded  wagons 
had  ever  made  their  way  to  Fort  Hall,  and  were  there 
al>andoned.  Dr.  Whitman  in  1836  had  taken  a  waffon 
as  far  as  Fort  Boise,  by  making  a  cart  on  two  of  the 
wheels,  and  placing  the  axletree  and  the  other  two 
wheals  in  his  cart.     (Gray's  "  Oregon,"  page  138.) 

"We  here  parted  with  our  respected  pilot,  Captain 
Johr  Gant.  Dr.  Marcus  Whitman  was  with  us  at  the 
fort,  .md  was  our  pilot  from  there  to  the  Grande  Ronde, 
where  he  left  us  in  charge  of  an  Indian  pilot,  whose 


m 


:r. 


LEAVE  FORT  HALL. 


117 


st  camp  on 
en  miles  in 
>narie8.  On 
iver,  a  clear, 
1  and  plenty 
Tived  at  the 
ver  for  Fort 
>7th,  having 
from  Fort 

nging  to  the 
le  charge  of 
i  hospitable. 
Snake  River, 
uriant  grass, 
nail  streams, 
for  buffaloes, 
every  direc- 
3  for  the  last 
?y  were  never 
and  herds  of 

re  had  passed 
I  same  length, 
3aded  wagons 
id  were  there 
aken  a  wagon 
)n  two  of  the 
he  other  two 
ige  133.) 
pilot,  Captain 
vuth  us  at  the 
rrande  Ronde, 
ti  pilot,  whose 


^*? 


name  was  Stikas,  and  who  proved  to  be  both  faithful 
and  competent.  The  doctor  left  us  to  have  his  grist- 
mill put  in  order  by  the  time  we  should  reach  his  mis- 
sion. 

We  had  now  arrived  at  a  most  critical  period  in  our 
most  adventurous  journey  ;  and  we  had  many  misgiv- 
ings as  to  our  ultimate  success  in  making  our  way  with 
our  wagons,  teams,  and  families.  We  had  yet  to  ac- 
complish the  untried  and  most  difficult  portion  of  our 
long  and  exhaustive  journey.  We  could  not  anticipate 
at  what  moment  we  might  be  compelled  to  abandon  our 
wagons  in  the  mountains,  pack  our  scant  supplies  upon 
our  poor  oxen,  and  make  our  way  on  foot  through  this 
terribly  rough  country,  as  best  we  could.  We  fully 
comprehended  the  situation  ;  but  we  never  faltered  in 
our  inflexible  determination  to  accomplish  the  trip,  if 
within  the  limits  of  possibility,  with  the  resources  at 
our  command.  Dr.  Whitman  assured  us  that  we  could 
succeed,  and  encouraged  and  aided  us  with  every  means 
in  his  power.  I  consulted  Mr.  Grant  as  to  his  opinion 
of  the  practicability  of  taking  our  wagons  through. 
lie  replied  that,  while  he  would  not  say  it  was  impossi- 
ble for  lis  Americans  to  make  the  trip  with  our  wagons, 
he  could  not  himself  see  how  it  could  be  done.  He  had 
only  traveled  the  pack-trail,  and  certainly  no  wagons 
could  follow  that  route  ;  but  there  might  be  a  practical 
road  found  by  leaving  the  trail  at  certain  points. 

LEAVE  FORT  HALL — SAGE-BEUSH  LANDS — SALMON  FALLS 
— THE  SPEAR  OF  THE  INDIAN  FISHERMAN — CROSS 
SNAKE   RIVER — KILL    A   LARGE    SALMON. 

On  the  30th  of  August  we  quitted  Fort  Hall,  many 
of  our  young  men  having  left  us  with  pack-trains.  Our 
route  lay  down  Snake  River  for  some  distance.     The 


Mil 

If 

h 


.,! 


, , ' 


ij  I 


m 
f 


i 


J  I 


.  ,1 


118 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


road  was  rocky  and  rough,  except  in  the  dry  valleys  ; 
and  these  were  covered  with  a  thick  growth  of  sage  or 
wormwood,  which  was  from  two  to  three  feet  high,  and 
offered  a  great  obstruction  to  the  first  five  or  six  wagons 
passing  through  it.  The  soil  where  this  melancholy 
shrub  was  found  appeared  to  be  too  dry  and  sterile  to 
produce  anything  else.  It  was  very  soft  on  the  sur- 
face, and  easily  worked  up  into  a  most  disagreeable 
dust,  as  fine  as  ashes  or  flour. 

The  taste  of  the  sage  is  exceedingly  bitter  ;  the 
shrub  has  a  brown  somber  appearance,  and  a  most  disa- 
greeable smell.  The  stem  at  the  surface  of  the  ground 
is  from  one  to  two  inches  in  diameter,  and  soon  branch- 
es, so  as  to  form  a  thick  brushy  top.  The  texture  of 
the  stem  is  peculiar,  and  unlike  that  of  any  other  shrub, 
being  all  bark  and  no  sap  or  heart,  and  appears  like  the 
outside  bark  of  the  grape-vine.  How  the  sap  ascends 
from  the  roots  to  the  branches,  or  whether  the  shrub 
draws  its  nutriment  from  the  air,  I  am  not  able  to  de- 
cide. One  thing  I  remember  well,  that  the  stems  of  the 
green  growing  sage  were  good  for  fuel  and  burned  most 
readily,  and  so  rapidly  that  the  supply  had  to  be  con- 
tinually renewed  ;  showing  that  they  were  not  only  dry, 
but  of  very  slight,  porous  texture.  Had  the  sage  been 
as  stout  and  hard  as  other  shrubbery  of  the  same  size, 
we  should  have  been  compelled  to  cut  our  wagonway 
through  it,  and  could  never  have  passed  over  it  as  wo 
did,  crushing  it  beneath  the  feet  of  our  oxen  and  the 
wheels  of  our  wagons. 

The  geographical  features  of  the  Pacific  coast  are 
Asiatic  in  their  appearance,  being  composed  of  moun- 
tains and  valleys.  Our  hills  swell  to  mountains,  and 
our  valleys  are  to  the  eye  a  dead  level,  yet  they  gener- 
ally descend  about  nine  or  ten  feet  to  tJie  mile.     AVo 


SR. 


SALMON  FALLS. 


119 


iry  valleys  ; 
1  of  sage  or 
et  high,  and 
T  six  wagons 

melancholy 
ad  sterile  to 

on  the  sur- 
disagreeable 

bitter  ;  the 
a  most  disa- 
f  the  ground 
soon  branch- 
e  texture  of 
other  shrub, 
)ears  like  the 
!  sap  ascends 
ter  the  shrub 
t  able  to  de- 
;  stems  of  the 
burned  most 
id  to  be  con- 
not  only  dry, 
lie  sage  been 
he  same  size, 
ir  wagonway 
over  it  as  we 
oxen  and  the 

;ific  coast  are 
sed  of  moun- 
lountains,  and 
it  they  gencr- 
lie  mile.     AVe 


41: 
'(■ 

i 

■■■X 

3 

y 


i 


have  consequently  very  little  gently  undulating  land, 
such  as  is  generally  found  in  the  great  Mississippi  val- 
ley. Gibbon,  speaking  of  the  route  of  the  army  of  the 
Emperor  Julian,  well  but  concisely  describes  the  sage- 
plains  of  this  coast :  "  The  country  was  a  plain  through- 
out, as  even  as  the  sea,  and  full  of  wormwood  ;  and,  if 
any  other  kind  of  shrubs  or  reeds  grew  there,  they  had 
all  an  aromatic  smell,  but  no  trees  could  be  seen." 
(*'  Decline  and  Fall,"  chapter  xxiv.,  pp.  477-'78.) 

Colonel  Mercer  of  Oregon  delivered  a  lecture  in  the 
City  of  New  York  on  April  6,  1878,  as  appears  from 
the  telegram  to  the  "  Daily  Alta  "  of  the  7th,  in  which 
he  set  forth  the  wonderful  fertility  of  the  sage-brush 
lands,  which  until  recently  had  been  supposed  to  be 
valueless.  The  sage-brush  lands  through  which  we 
passed  in  1843  appeared  to  be  worthless,  not  only  be- 
cause of  the  apparent  sterility  of  the  soil,  but  for  the 
Avant  of  water.  With  plentiful  irrigation,  I  think  it 
quite  probable  that  these  lands,  in  most  places,  might 
be  rendered  fruit  'ul.  Water  is  a  great  fertilizer,  and 
nothing  but  expe:'  'inent  cr.n  actually  demonstrate  how 
far  these  wikU  riiess  plains  can  be  redeemed. 

On  the  7th  of  September,  1843,  we  arrived  at  the 
Salmon  Falls  on  Snake  River,  where  we  purchased  from 
the  Snake  Indians  dried  and  fresh  salmon,  giving  one 
ball  and  one  charge  of  powder  for  each  dried  fish.  We 
found  several  lodges  of  Indians  here,  who  were  very 
poorly  clad,  and  who  made  a  business  of  fishing  at  the 
falls.  The  falls  were  about  eight  feet  perpendicular  at 
that  stage  of  water,  with  rapids  below  for  some  dis- 
tance. The  stream  is  aivided  upon  the  rapids  into 
various  narrow  channels,  through  wliicli  the  waters 
pass  with  a  very  shallow  and  rapid  current,  so  that  the 
fisherman  can  wade  across  them.     The  salmon  are  com- 


11 


I 


1 


I 


■    I   - 


mi 


■H- 


1 

w 

n 

1 

i 

■I 


•Hi! 


f 


I 


lirti^ 


^<    tm 


'«|l^ 


120 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


pelled  to  pass  up  these  channels,  and  readily  fall  a 
prey  to  the  quick,  sharp  spear  of  the  Indian  fisherman. 
This  spear  consists  of  a  strong,  smooth  pole,  ten  or 
twelve  feet  long  and  an  inch  and  a  half  in  diameter, 
made  of  hard,  tough  wood,  upon  one  end  of  which 
there  is  fastened  a  piece  of  sharp-pointed  buclr  ho.n. 
about  four  inches  long.  The  larger  end  of  this  pi:  ■;  r ': 
buck-horn  is  hollowed  out  to  the  depth  of  about  ti  reo 
inches,  and  fastened  on  the  end  of  the  pole,  which  is 
tapered  to  fit  .ntc  it.  To  the  middle  of  this  buck-horn 
there  is  securely  fastened  a  thong  or  string  of  sinew, 
the  other  end  of  which  is  firmly  attached  to  the  pole 
about  one  foot  above  the  buck-horn,  leaving  a  consider- 
able slack  in  the  string.  With  this  spear  the  Indian 
fisherman  lies  down  or  sits  close  to  one  of  these  narrow 
channels,  with  the  point  of  his  spear  resting  near  where 
the  fish  must  pass.  In  this  position  he  remains  motion- 
less until  he  sees  a  fish  immediately  opposite  the  point 
of  the  spoar,  as  the  fish  slowly  ascends  the  rapid  cur- 
rent ;  when,  with  the  quick  motion  of  a  juggler,  he 
pushes  his  spear  clear  through  the  salmon  before  this 
powerful  fish  can  dodge  it.  The  buck-horn  at  once 
slips  off  the  end  of  the  pole,  on  the  other  side  the  fish, 
the  first  flounce  he  makes  ;  but  he  is  securely  held  by 
the  thong  attached  to  the  pole.  No  spear  could  be 
more  skillfully  designed  or  more  effectually  used  than 
this. 

One  of  our  emigrants,  having  be  en  informed  before; 
he  started  on  the  trip  that  the  clear,  living  waters  oi 
the  Columbia  and  its  tributaries  were  '"ull  of  salmon, 
had  brought  all  the  way  from  M' 'souri  a  Ihree-pronged 
harp  ton,  called  a  gig.  The  met.'v.lm  portioij  of  this  fish- 
ing instrument  was  securely  riveted  O"  it  e  end  of  a 
smooth,  strong  pole,  about  ten  t  jet  long  and  two  inches 


ilR. 


THE  SPEAR  OF  THE  INDIAN. 


121 


adily  fall  a 
a  fisherman, 
pole,  ten  or 
in  diameter, 
id  of  which 
I  buclr  ho.n. 
this  in-)  (■': 
about  lives 
ole,  which  is 
lis  buck-horn 
ng  of  sinew, 
I  to  the  pole 
g  a  consider- 
ir  the  Indian 
these  narrow 
ig  near  where 
nains  motion- 
site  the  point 
he  rapid  cur- 
a  juggler,  he 
m  before  this 
•horn   at  once 
:  side  the  fish, 
surely  lield  by 
pear  could  be 
ally  used  than 

formed  bcforo 
nng  waters  ot 
uU  of  salmon, 

three-pronged 
oij  of  this  fish- 

ti'B  end  of  a 
and  two  inches 


in  diameter.  The  skillful  fisherman  held  this  gig  in  his 
right  hand,  raised  above  his  head  ;  and,  when  he  saw  a 
fish  fifteen  or  twenty  feet  distant,  he  would  pitch  the 
weapon  at  his  prey  with  such  a  sure  aim  as  seldom  to 
miss  his  mark. 

This  emigrant  was  joyful  when  we  arrived  at  the 
falls,  it  being  the  first  point  where  he  could  use  his  gig. 
He  soon  brought  forth  his  instrument  from  the  bottom 
of  his  wagon,  where  it  had  remained  unusod  so  long, 
and  sallied  forth  to  capture  salmon.  We  all  watched 
with  deep  interest,  as  he  stood  by  one  of  these  narrow 
channels,  gig  in  hand.  Very  soon  we  saw  him  throw 
his  gig,  but  he  missed  his  mark.  Again  and  again  he 
tried  his  skill,  but  always  failed.  The  fact  was  that  the 
salmon,  one  of  the  most  muscular  of  fishes,  with  keen 
sight  and  quick  motion,  had  seen  the  thrown  gig  in  time, 
and  had  effectually  dodged  it.  Our  emigrant  came  back 
greatly  mortified  because  the  Indians  could  beat  him  in 
'■•itching  salmon.  He  understood,  after  this  trial,  the 
Mllcrence  between  the  agility  of  the  salmon  of  the  Co- 
iucibia  and  that  of  the  sluggish  catfish  of  the  Missis- 

Before  reaching  the  Salmon  Falls  we  passed  a  large 
spring  on  the  opposite  side  of  Snake  River.  This  spring 
furnished  water  enough  for  a  large  creek,  which  fell  per- 
pendicularly from  a  wall  of  basaltic  rock  two  hundred 
feet  high,  forming  a  most  beautiful  scene  on  the  river. 

On  the  10th  of  September  we  crossed  the  Snake 
Iliver  by  fording  without  difficulty  ;  and  in  crossing 
we  killed  a  salmon  weighing  twenty-three  pounds,  one 
of  our  wagons  running  over  it  as  it  lay  on  the  bottom 
of  the  pebbiy  stream. 

The  full-grown  male  and  female  salmon  from  the 
ocean  enter  the  streams  that  fiow  into  it,  and,  guided 


m 


m 


'III 


m 


r 


:l. 


I'll 

I  > 


l-V. 


I:i 


k 

i 


It:       » 

i 
11 


I    >\ 


ii^: 


'¥ 
m 


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llll 


if^l^ 


i 


122 


RECOLLECTIONS  OF  AN  OLD   PIONEER. 


by  a  wonderful  instinct,  ascend  to  the  upper  branches, 
where  they  can  deposit  their  numerous  spawn  in  a  place 
secure  from  enemies.  The  waters  of  these  mountain- 
sti  ?  ;J  re  so  clear  as  to  remind  one  of  Dry  den's  de- 
scrip. 

"  Of  shallow  brooks,  that  flowed  so  clear, 
The  bottom  did  the  top  appear." 

In  the  pebbly  bottoms  of  these  tributary  streams  the 
female  salmon  hollows  out  a  cavity  of  sufficient  depth 
to  form  an  eddy,  in  which  she  can  deposit  her  spawn 
without  the  danger  of  their  being  swept  away  by  the 
current.  The  one  we  killed  was  doubtless  in  her  nest, 
which  she  refused  to  quit. 

From  all  the  information  I  was  able  to  obtain  while 
residing  in  Oregon,  grown  salmon  which  once  leave  the 
ocean  never  return.  This  was  the  opinion  of  Sir  James 
Douglas,  which  was  confirmed  by  my  own  observation. 
But  there  seems  to  be  a  difference  of  opinion  on  the 
question.  I  have  lately  conversed  with  B.  B.  Redding 
upon  this  subject,  and  it  is  his  opinion  that  about  ten 
per  cent,  return  alive  to  the  ocean,  as  about  that  propor- 
tion are  caught  in  the  Sacramento  River  on  the  upper 
side  of  the  gill-nets  used  by  the  fishermen.  This  may 
be  the  more  correct  opinion. 

The  male  salmon  is  armed  with  strong,  sharp  teeth, 
and  they  fight  and  wound  each  other  severely.  While 
the  fer^ale  is  making  and  guarding  her  nest,  her  mate 
remains  close  by,  watching  and  waiting  with  the  great- 
est fidelity  and  patience  ;  and,  when  any  other  fish  ap- 
proaches too  near,  he  darts  at  him  with  the  utmost 
swiftness  and  ferocity.  The  spawn  is  always  deposited 
in  the  pebbly  bed  of  the  stream,  where  the  water  is 
swift  and  comparatively  shallow,  and  where  other  fish 


ER. 

cr  branches, 
v^n  in  a  place 
;e  mountain- 
Dryden's  de- 


car, 

y  streams  the 

fficient  depth 

it  her  spawn 

away  by  the 

in  her  nest, 

obtain  while 
)nce  leave  the 

of  Sir  James 
1  observation, 
pinion  on  the 
5.  B.  Redding 
liat  about  ten 
it  that  propor- 
on  the  upper 
n.     This  may 

g,  sharp  teeth, 
erely.  While 
nest,  her  mate 
,vith  the  grcat- 
'•  other  fish  up- 
th  the  utmost 
tvays  deposited 
e  the  water  is 
here  other  fish 


THE  SALMON— BOILING  SPRING. 


123 


are  less  likely  to  molest  them.     The  eggs  hatch  in  from 
forty  to  forty-five  days. 

For  hours  I  have  watched  the  efforts  of  salmon  to 
pass  over  the  Willamette  Falls,  at  Oregon  City.  For 
the  space  of  one  or  two  minutes  I  would  not  see  a  fish 
in  the  aij.  Then,  all  at  once,  I  would  see  one  leap  out 
of  the  water,  followed  immediately  by  great  numbers. 
Some  would  rise  from  ten  to  fifteen  feet,  while  many 
Avould  not  ascend  more  than  four  or  five  ;  but  all  seemed 
equally  determined  to  succeed.  They  had  selected  the 
most  practicable  point,  and  approached  very  near  the 
column  of  descending  water,  and  rose  from  the  eddy 
caused  by  the  reflow.  Occasionally  one  would  go  over ; 
but  the  great  majority  pitched  with  their  heads  plump 
against  the  wall  of  rock  behind  the  torrent,  and  fell 
back,  more  or  less  wounded,  to  try  again.  There  w\is 
a  shelf  in  the  rock  three  or  four  feet  below  the  top,  and 
I  have  seen  salmon  catch  on  this  shelf,  rest  for  an  in- 
stant, then  flounce  off  and  fall  into  the  av ater  below.  So 
long  as  a  salmon  is  alive,  its  head  will  be  found  up 
stream,  and  every  effort  made,  though  feeble,  will  be  to 
ascend.  Sometimes,  when  in  very  shallow  water,  the 
fish  may  descend  to  a  short  distance  to  escape  an  enemy 
for  the  time  ;  but  its  constant  instinct  is  to  go  up  higher, 
until  it  reaches  the  place  to  deposit  its  eggs. 


IJOTLING  SPKIXG — FORT  BOISE — BURNT  RIVER — THE  LONE 

MOUNTAINS 
-ARRIVE    AT 


PINE — THE    GRANDE    RONDE — THE    BLUE    MOUNTAINS 


— ARRIVE    AT    DR.    WHITMAN  8    MISSION- 
WALLA  WALLA. 


On  the  14th  of  September  we  passed  the  Boiling 
Spring.  Its  water  is  hot  enough  to  cook  an  egg.  It 
runs  out  at  three  different  places,  forming  a  large  branch, 


an 


j^r 


I' 


im 


:;l 


4. 

■  f  ffri 


'I 


1     * 


ill 


I      ili  li^  I 


>    I 


'^-fc'i 


'H 


*^ 


i  ••  ' 

I     ( 

« 

Hi 

1  '     " 

t 

124 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


which  runs  off  smoking  and  foaming.  It  rises  half  a 
mile  from  a  tall  range  of  hills,  covered  with  basaltic 
rock  ;  and  the  plains  around  are  covered  with  round 
rocks  of  the  same  kind.  The  water  is  clear,  and  rises 
at  the  head  of  a  small  ravine. 

On  the  20th  of  September  we  arrived  at  Fort  Boise, 
then  in  charge  of  Mr.  Payette,  having  traveled  from 
Fort  Hall,  two  hundred  and  seventy-three  mi'  s,  in 
twenty-one  days.  Mr.  Payette,  the  manager,  was  kind 
and  very  polite.  On  the  2l8t  we  recrossed  the  Snake 
River  by  fording,  which  was  deep  but  safe.  On  the 
2  tth  we  reached  Burnt  River,  so  named  from  the  many 
fires  that  have  occurred  there,  destroying  considerable 
portions  of  timber.  It  hardly  deserves  to  be  called  a 
river,  Leing  only  a  creek  of  fair  size.  The  road  up  this 
stream  was  then  a  terrible  one,  as  the  latter  runs  be- 
tween two  ranges  of  tall  mountains,  through  a  narrow 
valley  full  of  timber,  which  we  had  not  the  force  or 
time  to  remove. 

On  the  27th  of  September  we  had  some  rain  during 
tlie  night,  and  next  morning  left  Burnt  River.  To-day 
we  saw  many  of  the  most  beautiful  objects  in  nature. 
In  our  rear,  on  our  right  and  left,  were  ranges  of  tall 
mountains,  covered  on  the  sides  with  magnificent  forests 
of  pine,  the  mountain-tops  being  dressed  in  a  robe  of 
pure  snow  ;  and  around  their  summits  the  dense  masses 
of  black  clouds  wreathed  themselves  in  fanciful  shapes, 
the  sun  glancing  through  the  open  spaces  upon  the 
gleaming  mountains.  We  passed  through  some  most 
beautiful  valleys,  and  encamped  on  a  branch  of  the 
Powder  River,  at  the  Lone  Pine. 

This  noble  tree  stood  in  the  center  of  a  most  lovely 
valley,  about  ten  miles  from  any  other  timber.  It  could 
be  seen,  at  the  distance  of  many  miles,  rearing  its  ma- 


R. 


THE  GRANDE  ROXDE. 


125 


•ises  half  a 
th  basaltic 
with  round 
,r,  and  rises 

Fort  Boise, 
iveled  from 
2Q  mV  s,  in 
er,  was  kind 
the  Snake 
fe.  On  the 
3m  the  many 

considerable 

be  called  a 

!  road  up  this 

tter  runs  be- 

ugh  a  narrow 

the  force  or 

le  rain  during 
iver.  To-day 
!Cts  in  nature, 
ranges  of  tall 
nificent  forests 
i  in  a  robe  of 
e  dense  masses 
anciful  shapes, 
aces  upon  the 
gh  some  most 
branch  of  the 

f  a  most  lovely 
aber.  It  could 
rearing  its  raa- 


■A 


jestic  iorm  above  the  surrounding  plain,  and  constituted 
a  beautiful  landmark  for  the  guidance  of  the  traveler. 
Many  teams  had  pasded  on  before  me  ;  and  at  intervals, 
as  I  drove  along,  I  would  raise  my  head  and  look  at 
that  beautiful  green  pine.  At  last,  on  looking  up  as 
usual,  the  tree  was  gone.  I  was  perplexed  for  the 
moment  to  know  whether  I  was  going  in  the  right  di- 
rection. There  was  the  plain  beaten  wagon-road  before 
me,  and  I  drove  on  until  I  reached  the  camp  just  at 
dark.  That  brave  old  pine,  which  had  withstood  the 
storms  and  snows  of  centuries,  had  fallen  at  last  by  the 
vandal  hands  of  men.  Some  of  our  inconsiderate  people 
had  cut  it  down  for  fuel,  but  it  was  too  green  to  burn. 
It  was  a  useless  and  most  unfortunate  act.  Had  I  been 
there  in  time,  I  should  have  begged  those  woodmen  to 
"  spare  that  tree." 

On  the  29th  and  30th  of  September  we  passed 
through  rich,  beautiful  valleys,  between  ranges  of  snow- 
clad  mountains,  whose  sides  were  covered  with  noble 
pine  forests.  On  October  1st  we  came  into  and  through 
Grande  Ronde,  one  of  the  most  beautiful  valleys  in  the 
world,  embosomed  among  the  Blue  Mountains,  which 
are  covered  with  magnificent  pines.  It  was  estimated 
to  be  about  a  hundred  miles  in  circumference.  It  was 
generally  rich  prairie,  covered  with  luxuriant  grass,  and 
having  numerous  beautiful  streams  passing  through  it, 
most  of  which  rise  from  springs  at  the  foot  of  the  moun- 
tains bordering  the  valley.  In  this  valley  the  camas- 
root  abounds,  which  the  Indians  dried  \ipon  hot  rocks. 
We  purchased  some  from  them,  and  found  it  quite  pala- 
table to  our  keen  appetites. 

On  the  2d  of  October  we  ascended  the  mountain- 
ridge  at  the  Grande  Ronde,  and  descended  on  the  other 
side  of  the  ridge  to  a  creek,  where  we  camped.     These 


m 


I'M 


t 


■>:,  h 


«!' 


M 


% 


i 


"  tl 


1^ 


.  i^' 


i 


If 


'M. 


'1^ 


m 

1  V 

■i' 

■  i 

1 

I  ^: 

! 

I            !              ,1       i 

Iff  u 

'H« 

\\   ■I   ^  • 

1            '1 

»i   i 

1  !!!!' 

y.: 

i 
ii  i. 

! 

126 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


hills  were  terrible.  On  the  3d,  4th,  5th,  and  6th  we 
passed  through  the  Blue  Mountains,  arriving  at  their 
foot  on  the  6th,  and  encamping  upon  a  beautiful  stream 
of  water.  On  the  morning  of  the  5th  there  was  a  snow- 
storm on  the  mountain.  During  our  passage  through 
the  Blue  Mountains  we  had  great  difficulty  in  finding 
our  cattle,  and  the  road  was  very  rough  in  many  places. 
Our  camp  was  about  three  miles  from  the  Indian  vil- 
lage, and  from  the  Indians  we  purchased  Indian  corn, 
peas,  and  Irish  potatoes,  in  any  desired  quantity.  I 
have  never  tasted  a  greater  luxury  than  the  potatoes 
we  ate  on  this  occasion.  We  had  been  so  long  without 
fresh  vegetables,  that  we  were  almost  famished  ;  and 
consequently  we  feasted  this  day  excessively.  We  gave 
the  Indians,  in  exchange,  some  articles  of  clothing, 
which  they  were  most  anxious  to  purchase.  When  two 
parties  are  both  as  anxious  to  barter  as  were  the  Indians 
and  ourselves,  it  is  very  easy  to  strike  a  bargain. 

On  the  10th  of  October  we  arrived  within  three 
miles  of  Dr.  Whitman's  mission,  and  remained  in  camp 
until  the  1 4th. 

The  exhausting  tedium  of  such  a  trip  and  the  at- 
tendant vexations  have  a  great  effect  upon  the  major- 
ity of  men,  especially  upon  those  of  weak  minds.  Men, 
under  such  circumstances,  become  childish,  petulant,  and 
obstinate.  I  remember  that  while  we  were  at  the  mis- 
sion of  Dr.  Whitman,  who  had  performed  much  hard 
labor  for  us,  and  was  deserving  of  our  warmest  grati- 
tude, he  was  most  ungenerously  accused  by  some  of  oin* 
people  of  selfish  motives  in  conducting  us  past  his  es- 
tablishment, where  we  could  procure  fresh  supplies  of 
flour  and  potatoes.  This  foolish,  false,  and  ungrateful 
charge  was  based  upon  the  fact  that  he  asked  us  a  dol- 
lar a  bushel  for  wheat,  and  forty  cents  for  potatoes. 


V, 


iR. 

and  Cth  we 
ing  at  their 
itiful  stream 
was  a  snow- 
age  through 
;y  in  finding 
many  places. 
Indian  vil- 
Indian  corn, 
quantity.  I 
the  potatoes 
long  without 
mished  ;  and 

ly.    "VVe  gave 

of   clothing, 

When  two 

I'e  the  Indians 

argain. 
within  three 

ained  in  camp 

p  and  the  at- 
)on  the  major- 
:  minds.  Men, 
I,  petulant,  and 
ire  at  the  mis- 
cd  much  hard 
i\'armest  grati- 
by  some  of  our 
us  past  his  es- 
!sh  supplies  of 
md  ungrateful 
,sked  us  a  dol- 
i  for  potatoes. 


ARRIVE  AT  WALLA  WALLA. 


127 


As  our  people  had  been  accustomed  to  sell  their  wheat 
at  from  fifty  to  sixty  cents  a  bushel,  and  their  potatoes 
at  from  twenty  to  twenty-five  cents,  in  the  Western 
States,  they  thought  the  prices  demanded  by  the  Doctor 
amounted  to  something  like  extortion  ;  not  reflecting 
that  he  had  to  pay  at  least  twice  as  much  for  his  own 
supplies  of  merchandise,  and  could  not  aflFord  to  sell  his 
produce  as  low  as  they  did  theirs  at  home.  They  were 
somewhat  like  a  certain  farmer  in  Missouri,  at  an  early 
day,  who  concluded  that  twenty  cents  a  bushel  was  a 
fair  price  for  corn,  and  that  he  would  not  sell  for  more 
nor  less.  But  experience  soon  taught  him  that  when 
the  article  was  higher  than  his  price  he  could  readily 
sell,  but  when  it  was  lower  he  could  not  sell  at  all ;  and 
he  came  to  the  sensible  conclusion  that  he  must  avail 
himself  of  the  rise,  in  order  to  compensate  him  for  the 
fall  in  prices.  So  obstinate  were  some  of  our  people, 
that  they  would  not  purchase  of  the  Doctor.  I  remem- 
ber one  case  particularly,  where  an  intimate  friend  of 
mine,  whose  supplies  of  food  were  nearly  exhausted, 
refused  to  purchase,  though  urged  to  do  so  by  me,  until 
the  wheat  was  all  sold.  The  consequence  was,  that  I 
had  to  divide  provisions  with  him  before  we  reached 
the  end  of  our  journey. 

On  the  IGth  of  October  we  arrived  at  For,  Walla 
Walla,  then  under  the  charge  of  Mr.  McKinley  ;  hav- 
ing traveled  from  Fort  Boise,  two  hundred  and  two 
miles,  in  twenty-four  days,  and  from  tae  rendezvous, 
sixteen  hundred  and  ninety-one  miles,  between  the  22d 
of  May  and  the  10th  of  October,  being  one  hundred 
and  forty-seven  days.  Average  distance  per  day.  eleven 
and  a  half  miles. 


i 


Hi 


5 


i 


I; 

''i  ill 


■  '■iW  , 

'";MV,'I 
»; 

:f! 

1  n 


II! 


I 


'i  t 


li|  ':' 

*' 

-•  1 

■     ^'i'ii" 

..     ?iii,    „ 

II    . ' 

N^P  *' 

i  1    ., 

1      " 

1.              .  lii 

flS 


I' 


ililniifNii 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


DESCEND     THE     EFVEB     TO      THE     DAIXES  —  LEAVE     MY 

FAMILY    THERE GO     TO     VANCOUVER    AND    RETURN 

GOVERNOR    FREMONT. 

A  portion  of  our  emigrants  left  their  wagons  and 
cattle  at  Walla  Walla,  and  descended  the  Columbia  in 
boats  ;  while  another,  and  the  larger  portion,  made 
their  way  with  their  wagons  and  teams  to  the  Dalles, 
whence  they  descended  to  the  Cascades  on  rafts,  and 
thence  to  Fort  Vancouver  in  boats  and  canoes.  Wil- 
liam Beagle  and  I  had  agreed  at  the  rendezvous  not 
to  separate  until  we  reached  the  end  of  our  journey. 
We  procured  from  Mr.  McKinley,  at  Walla  Walla,  an 
old  Hudson's  Bay  Company's  boat,  constructed  express- 
ly for  the  navigation  of  the  Columbia  and  its  tribu- 
taries. These  boats  are  very  light,  yet  strong.  They 
are  open,  about  forty  feet  long,  five  feet  wide,  and 
three  feet  deep,  made  of  light,  tough  materials,  and 
clinker-built.  They  are  made  in  this  manner  so  that 
they  may  be  carried  around  the  falls  of  tlio  Columbia, 
and  let  down  over  the  Cascades.  When  taken  out  of 
the  water  and  carried  over  the  portage,  it  requires  the 
united  exertions  of  forty  or  fifty  Indians,  who  take  the 
vessel  on  their  shoulders,  amid  shouts  and  hurras,  and 
thus  carry  it  sometimes  three  fourths  of  a  mile,  without 
^  once  letting  it  down.  At  the  Cascades  it  is  let  down 
by  means  of  ropes  in  the  hands  of  the  Canadian  boat- 
men. 

We  employed  an  Indian  pilot,  who  stood  with  a 
stout,  long,  broad  paddle  in  the  bow  of  the  boat,  while 
Beagle  stood  at  the  stern,  holding  a  long  steering-oar, 
such  as  were  used  upon  flat-bottoms  and  keel-boats  in 
the  Western  States.  I  remember  that  my  friend  Bea- 
gle, before  we  left  Walla  Walla,  expressed  great  confi- 


OUR  INDIAN  PILOT. 


129 


LEAVE     MY 
!^D    RETURN 

wagons  and 
Columbia  in 
rtion,  made 
the  Dalles, 
n  rafts,  and 
inoes.     Wil- 
dezvous  not 
our  journey, 
la  Walla,  an 
cted  express- 
id  its  tribu- 
;rong.     They 
2t  wide,  and 
laterials,  and 
inner  so  that 
;ho  Columbia, 
taken  out  of 
t  requires  the 
who  take  the 
d  hurras,  and 
mile,  without 
it  is  let  down 
anadian  boat- 
stood  with  a 
he  boat,  while 
r  steering-oar, 
keel-boats  in 
J  friend  Bea- 
d  great  confi- 


dence in  his  skill  in  steering,  as  he  had  often  passed  the 
Ohio  rapids  at  Louisville.  But  these  rapids  were  710- 
thing  to  those  on  the  Columbia.  I  have  seen  Beagle 
turn  as  pale  as  a  corpse  when  passing  through  the  ter- 
rible rapids  on  this  river. 

Our  Indian  pilot  was  very  cool,  determined,  and  in- 
trepid ;  and  Beagle  always  obeyed  him,  right  or  wrong. 
On  one  occasion,  I  remember,  we  were  passing  down  a 
terrible  rapid,  with  almost  the  speed  of  a  race-horse, 
when  a  huge  rock  rose  above  the  water  before  us, 
against  which  the  swift  and  mighty  volume  of  the 
river  furiously  dashed  in  vain,  and  then  suddenly 
turned  to  the  right,  almost  at  right  angles.  The  In- 
dian told  Beagle  to  hold  the  bow  of  the  boat  directly 
toward  that  rock,  as  if  intending  to  run  plump  upon  it, 
while  the  rest  of  us  pulled  upon  our  oars  with  all  our 
might,  so  as  to  give  her  such  a  velocity  as  not  to  be 
much  affected  by  the  surging  waves.  The  Indian  stood 
calm  and  motionless  in  the  bow,  paddle  in  hand,  with 
his  features  set  as  if  prepared  to  meet  immediate  death  ; 
and,  when  we  were  within  from  twenty  to  thirty  feet 
of  that  terrible  rock,  as  quick  almost  as  thought  he 
plunged  his  long,  broad  paddle  perpendicularly  into  the 
water  on  the  left  side  of  the  bow,  and  with  it  gave 
a  sudden  wrench,  and  the  boat  instantly  turned  upon 
its  center  to  the  right,  and  we  passed  the  rock  in  i»« 
safety. 

While  passing  through  these  dangers  I  was  not 
much  alarmed,  but  after  they  were  passed  I  could 
never  think  of  them  without  a  sense  of  fear.  Three  of 
our  emigrants  were  drowned  just  above  the  Dalles,  but 
we  reached  them  in  safety,  sending  our  boat  through 
them,  while  the  families  walked  around  them  on  dry 
land.     These  Dalles  are  a  great  natural  curiosity  ;  but 


M 


■i 


m 

m 

ill 


''■•1 


I'. 


sr 


'  \:.\  'I 


■Mi 

m 
m 

(!• 'if* 


'§ 


ii.a 


mn: 


.-imiMPfi 


130 


RECOLLECTIONS  OF  AN   OLD  PIONEER. 


iii  m 


J!    "t 


L! 


^H  II 


they  have  been  so  often  described  that  I  deem  it  un- 
necessary to  attempt  any  description  myself. 

When  we  ai'rived  at  the  Methodist  mission,  located 
at  the  foot  of  the  Dalles,  I  saw  at  once  that  there  must 
buuie  day  grow  up  a  tOAvn  there,  as  that  was  the  head 
of  safe  steam  navigation.  From  there  to  the  Cascades, 
a  distance  of  about  fifty  miles,  the  river  is  entirely 
smooth  and  without  a  rapid  At  the  Cascades  there  is 
a  portage  to  be  made,  but,  once  below  them,  and  there 
is  nothing  but  smooth  water  to  the  ocean.  I  deter- 
mined at  once  to  settle  at  the  Dalles ;  and,  after  c  ->- 
sultation  with  Mr.  Perkins,  the  minister  in  charge,  I 
ray  family  there  and  proceeded  to  Vancouver,  whc^ .  ^ 
arrived  about  the  7th  of  November,  1843. 

At  Fort  Vancouver  I  found  Governor  Fremont,  then 
Lieutenant  Fvemont,  who  had  been  there  a  fcAV  days. 
He  had  left  his  men  and  animals  at  the  Dalles,  and  had 
descended  the  river  to  the  fort  for  the  purpose  of  pur- 
chasing supplies,  to  enable  him  to  make  the  trip  over- 
land to  California  during  that  winter.  The  preceding 
year  he  had  made  an  exploring  trip  to  the  South  Pass 
of  the  Rocky  Mountains  ;  but  this  was  his  first  journey 
to  Oregon  and  California. 

The  Hudson's  Bay  Company  furnished  him,  on  the 
credit  of  the  United  States,  all  the  supplies  he  required, 
and  sent  them  up  the  river  in  one  of  their  boats,  such 
as  I  have  already  described,  and  three  Chinook  canoes. 
These  canoes  are  substantially  of  the  same  model  as  the 
clipper-ship,  and  most  probably  suggested  the  idea  of 
such  a  form  of  marine  architecture.  They  are  made 
out  of  a  solid  piece  of  white-cedar  timber,  which  is  usu- 
ally one  quarter  of  the  first  cut  of  a  large  tree.  It  is  a 
soft  wood,  but  very  tough.  This  timber  grows  upon 
the  banks  of  the  Columbia,  below  Vancouver,  to  a  very 


'^^ 


iJ 


R. 

eem  it  un- 

on, located 
there  must 
the  head 
e  Cascades, 
is  entirely 
des  there  is 
and  there 
I  deter- 
after  c  ->- 
barge,  T 
7cr,  whci.  ... 

•emont,  then 
a  few  days, 
les,  and  had 
pose  of  pur- 
le  trip  over- 
le  preceding 
!  South  Pass 
first  journey 

him,  on  the 

he  required, 
r  boats,  such 
nook  canoes, 
model  as  the 

the  idea  of 
3y  are  made 
which  is  usu- 
;ree.     It  is  a 

grows  upon 
rer,  to  a  very 


LEAVE  FORT  VANCOUVER. 


131 


large  size.  It  is  easily  split  with  wedges.  The  Indians 
manage  to  cut  and  bum  down  the  tree,  and  then  cut 
and  burn  off  a  part  of  the  trunk,  and  split  it  into  quar- 
ters. Then  they  hollow  out  the  inside  of  the  canoe, 
mostly  by  burning.  For  this  purpose  they  kindle  small 
fires  along  the  whole  length  of  the  canoe,  which  they 
keep  steadily  burning ;  and,  by  careful  and  constant 
watching,  they  cause  the  tires  to  burn  when  and  how 
they  please.  The  outside  they  shape  with  their  toma- 
hawks ;  and,  before  these  were  introduced,  tliey  used 
sharp  flint-stones  for  axes.  These  canoes  are  usually 
about  thirty  feet  long,  three  feet  wide,  and  two  feet 
deep,  and  are  sharp  at  both  ends,  with  a  gradual  taper 
from  near  the  center.  No  craft  could  have  a  more 
handsome  model,  or  run  more  swiftly.  They  are  light, 
strong,  elastic,  and  durable,  and  are  propelled  by  pad- 
dles. The  boat  was  navigated  by  Canadian  French, 
and  the  canoes  by  Indians. 

Dr.  McLoughlin  and  Mr.  Douglas,  then  chief  factors 
at  the  fort,  advised  me  to  go  for  my  family,  and  settle 
in  the  lower  portion  of  Oregon,  and  kindly  offered  me  a 
passage  up  and  down  on  their  boat.  We  left  the  fort 
about  the  11th  of  November  in  the  evening,  while  it 
was  raining.  It  came  down  gently  but  steadily.  We 
reached  the  foot  of  the  rapids,  three  miles  below  the 
Cascades,  before  sundown  on  the  third  day.  We  found 
that  the  Indians  could  propel  their  canoes  with  paddles 
much  faster  than  we  could  our  boat  with  oars.  We  as- 
cended the  river  to  the  distance  of  about  one  mile  above 
the  foot  of  the  rapids ;  and  just  before  dark  we  en- 
camped upon  a  sand-beach,  the  only  spot  where  we 
could  do  so  without  ascending  higher  up  the  rapids. 

The  Indians,  with  the  three  canoes,  had  passed  on 
farther  up  the  river ;  and,  although  we  fired  signal- 
7 


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132 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


shots,  they  could  not  be  induced  to  return.  They  had 
with  them  the  sugar  and  tea,  and  the  Indian  lodge,  com- 
posed of  buffalo-skins,  neatly  dressed  and  sewed  to- 
gether. This  lodge  was  in  a  conical  form,  about  four- 
teen feet  in  diameter  at  the  base  and  eighteen  feet  high, 
with  a  hole  at  the  base  of  about  two  by  three  feet  for  a 
door,  and  one  in  the  top  for  the  escape  of  the  smoke. 
A  deer-skin  formed  the  door-shutter,  and  the  fire  was 
built  in  the  center,  around  which  we  sat  with  our  backs 
to  the  lodge  ;  and  when  we  lay  down  we  put  our  feet 
to  the  fire  and  our  heads  from  it.  In  this  way  we  could 
be  warm  and  comfortable,  and  free  from  the  effects  of 
the  wind  and  rain,  without  being  at  all  incommoded  by 
the  smoke  from  our  small  fire,  as  it  rose  straight  up  and 
passed  out  through  the  hole  in  the  top  of  the  lodge. 
The  lodge  was  su])ported  by  long,  strong,  smooth  poles, 
over  which  it  was  tightly  stretched.  It  was  far  supe- 
rior to  any  cloth  tent  I  ever  saw. 

When  we  encamped,  it  \vas  cloudy  but  not  raining, 
and  we  wore  very  hungry  after  our  day's  hard  work  ; 
but  our  bill  of  fare  consisted  of  salt  salmon  and  cold 
bread.  We  knew,  from  the  appearance  of  the  thick- 
ening but  smooth  clouds,  that  we  should  most  likely 
have  a  rainy  night.  The  lower  portion  of  Oregon  lies 
between  the  tall  Cascade  range  of  mountains  and  the 
ocean.  This  range  runs  almost  parallel  with  the  Pacific 
Ocean,  and  about  a  hundred  and  twenty-five  miles  from 
it.  The  clouds  in  the  rainy  season  break  u])on  this  range  ; 
and  the  Cascades  are  at  the  point  where  the  mighty  Co- 
lumbia cuts  at  right  angles  through  it.  We  had  been 
told  that  it  rained  oftener  and  harder  at  the  Cascades 
than  at  almost  any  other  point  in  Oregon  ;  and,  to  our 
injury,  we  found  it  true. 

Supper  being  ended,  we  laid  ourselves  down  before 


I 


f 


e 


'hey  had 

ge,  com- 

swed  to- 

)ut  four- 

"eet  high, 

:eet  for  a 

smoke. 

fire  was 

our  hacks 

our  feet 

we  could 

effects  of 

moded  by 

ht  up  and 

he  lodge. 

)oth  poles, 

far  supe- 

ot  raining, 
ard  work  ; 
1  and  cold 
the  thick- 
lost  likely 
)rcgon  lies 
[is  and  the 
the  Pacific 
miles  from 
this  range  ; 
nighty  Co- 
j  had  hcon 
e  Cascades 
ind,  to  our 

awn  before 


GOVERNOR  FREMONT. 


133 


a  large  fire.  Governor  Fremont  wrapped  himself  in  his 
cloak,  keeping  on  all  his  clothes,  and  lay  down  upon  a 
blanket.  For  myself,  I  had  with  me  two  pairs  of  large, 
heavy  blankets,  one  pair  of  which  I  put  folded  under 
me,  and  covered  myself  with  the  other  pair.  Soon  after 
we  had  lain  down  the  rain  began  to  fall  gently,  but  con- 
tinued steadily  to  increase.  At  first,  I  thought  it  might 
rain  as  much  as  it  pleased,  without  wetting  through  my 
blankets  ;  but  before  day  it  came  down  in  torrents,  and 
I  found  the  water  running  under  me,  and  into  the  pock- 
ets of  my  pantaloons  and  the  tops  of  my  boots.  It 
was  a  cold  rain,  and  the  fire  was  extinguished.  I  could 
not  endure  all  this,  and  I  sat  up  during  most  of  the  re- 
maining portion  of  the  night  upon  a  log  of  wood,  with 
one  pair  of  blankets  thrown  over  my  head,  so  as  to  fall 
all  around  me.  In  this  way  I  managed  to  keep  warm  ; 
but  the  weight  of  the  wet  blankets  was  great,  and  my 
neck  at  last  rebelled  against  the  oppression,  I  finally 
became  so  fatigued  and  sleepy  that  just  before  day, 
when  the  rain  had  ceased,  I  threw  myself  down  across 
some  logs  of  wood,  and  in  that  condition  slept  until  day- 
light. As  for  Governor  Fremont,  he  never  moved,  but 
lay  and  slept  as  well  as  if  in  comfortable  quarters.  My 
position  was  in  a  lower  place  on  the  beach  than  'ds,  and 
this  was  the  reason  why  the  water  ran  und< ;  me,  and 
not  under  him. 

Next  morning  we  rose  fresh  and  fasting,  and  as- 
cended to  the  Indian  encampment,  where  the  Governor 
found  our  Indians  comfortably  housed  in  the  lodge,  cook- 
ing breakfast.  He  was  somewhat  vexed,  and  made 
them  hustle  out  in  short  order. 

It  took  us  some  days  to  make  the  portage,  it  raining 
nearly  all  the  while.  At  the  head  of  the  Cascades  there 
were  several  large,  projecting  rocks,  under  one  side  of 


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134 


RECOLLECTIONS  OF  AxV  OLD  PIONEER. 


, 


n«(|i!! 


li.i. 


which  the  Indians  cot  '^.  lie  on  the  clean  dry  sand,  secure 
from  the  rain.  They  would  build  a  fire  in  front  and  sit 
or  lie  under  the  projecting  rocks  ;  and,  as  they  were  at 
home  with  their  kindred  and  families,  they  were  in  no 
hurry  to  go  forward,  and  were  not  much  disposed  to  go 
out  in  bad  weather.  At  the  Cascades  there  is  a  cele- 
brated salmon  fishery,  where  the  Indians  then  lived  in 
considerable  numbers,  supporting  themselves  in  the  sum- 
mer upon  fresh,  and  in  the  winter  upon  dried  salmon. 

We  were  anxious  t  .  proceed,  as  Governor  Fremont 
had  still  to  make  the  perilous  journey  to  California  ;  but 
there  were  only  some  five  to  eight  whites  to  several 
hundred  Indians.  But  the  cool,  determined,  yet  pru- 
dent Fremont  managed  to  command  our  Indians,  and 
induce  them  to  work.  When  nothing  else  would  avail, 
he  would  put  out  their  fires.  Finding  it  necessary  to 
work  or  shiver,  they  preferred  to  work. 

When  we  had  reloaded  our  craft,  we  set  forward  for 
the  Dalles  ;  and  we  had  not  gone  more  than  ten  miles 
before  we  could  see  clear  out  and  beyond  the  clouds, 
into  the  pure  blue  sky.  We  were  almost  vexed  to  think 
we  had  been  so  near  to  a  sunny  region  all  the  time  we 
had  been  suffering  so  much  from  the  rain.  We  soon 
reached  a  point  on  the  river  above  where  there  had  been 
no  rain  ;  and  from  that  point  to  the  Dalles  we  had  cold, 
clear,  frosty  nights.  We  arrived  at  the  Dalles  in  about 
ten  days  after  leaving  Vancouver.  I  went  with  the 
Governor  to  his  camp  of  about  forty  men  and  one  hun- 
dred animals. 

I  was  with  Governor  Fremont  about  ten  days.  I 
had  never  known  him  personally  before  this  trip.  I 
knew  he  was  on  the  way  ;  but  he  traveled  usually  with 
his  own  company,  and  did  not  mingle  much  with  tlio 
emigrants,  as  he  could  not  properly  do  so,  his  men  being 


RETURN  TO  FORT  VANCOUVER. 


135 


under  military  discipline,  and  our  emigrants  not.  He 
was  then  about  tbii-ty  years  old,  modest  in  appearance, 
and  calm  and  gentle  in  manner.  His  men  all  loved  him 
intensely.  He  gave  bis  orders  with  great  mildness  and 
simplicity,  but  they  had  to  be  obeyed.  There  was  no 
shrinking  from  duty.  He  was  like  a  father  to  those 
under  his  command.  At  that  time  I  thought  I  could 
endure  as  much  hardship  as  most  men,  especially  a 
small,  slender  man  like  Governor  Fremont  ;  but  I  was 
Avholly  mistaken.  He  had  a  small  foot,  and  wore  a  thin 
calf-skin  boot  ;  and  yet  he  could  endure  more  cold  than 
I  could  with  heavy  boots  on.  I  never  traveled  with  a 
more  pleasant  companion  than  Governor  Fremont.  His 
bearing  toward  me  was  as  kind  as  that  of  a  brother. 


GO   WITH    MY    FAMILY    TO    VANCOUVER — INI     AN    TRADI- 
TION— THE   TOWN    OV   LINNTON. 

I  returned  with  my  family  to  Fort  Vancouver  on 
the  20th  of  November,  1843 ;  and,  as  we  passed  the 
place  of  our  encampment  on  the  sand-beach-  below  the 
Cascades,  the  Canadian  boatmen  pointed  toward  it  and 
laughed. 

When  wo  arrived  at  the  Cascades  on  our  return  voy- 
age, we  carried  our  baggage  upon  our  shoulders  three 
fourths  of  a  mile,  when  we  reloaded  and  then  "jumped  " 
the  rapids  below.  Until  we  had  passed  these  rapids  on 
our  downward  voyage  I  had  no  adequate  conception  of 
the  dangers  we  had  passed  through  on  the  voyage  from 
Walla  Walla  to  the  Dalles.  During  tliat  perilous  pas- 
sage I  was  one  of  the  oarsmen,  and  sat  with  my  back  to 
the  bow  of  the  boat,  thus  having  no  fair  opportunity  to 
observe  well.  My  attention  was  mainly  confined  to  my 
own  portion  of  the  work,  and  I  had  but  little  time  to 


J 


:  1  . 


( i  i 


u 


>        -1  1 


"  m 


i-m 


--^■f'n    V 


136 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


look  up.   But,  in  running  the  rapids  below  the  Cascades, 
I  had  nothing  to  do  but  look  on.      It  was  almost  literal 


K 


jumping. 


There  was  then  an  Indian  tradition  that  about  a 
hundred  years  before  the  Cascades  did  not  exist,  but 
that  there  was  a  succession  of  rapids  from  the  Dalles  to 
where  the  Cascades  are  now.  The  whole  volume  of  the 
Columbia  is  now  confined  to  a  naiTow  channel,  and  falls 
about  thirty  feet  in  the  distance  of  a  quarter  of  a  mile. 
This  tradition  said  that  the  river  gradually  cut  under 
the  mountain,  until  the  projecting  mass  of  huge  stones 
and  tough  clay  slid  into  the  river  and  dammed  up  the 
stream  to  the  height  of  some  thirty  feet,  thus  producing 
slack  water  to  the  Dalles.  And  I  must  say  that  every 
appearance,  to  my  mind,  sustains  this  view. 

The  Columbia,  like  most  rivers,  has  a  strip  of  bot- 
tom-land covered  with  timber,  on  one  side  or  the  other  ; 
but  at  the  Cascades  this  bottom-land  is  very  nai-row, 
and  has  a  very  different  appearance  from  the  bottoms 
at  places  on  the  river  above  and  below.  The  mountain 
on  the  south  side  of  the  river  looks  precisely  as  if  a  vast 
land-slide  had  taken  place  there  ;  and  the  huge  rocks 
that  lift  their  gray,  conical  heads  above  the  water  at  a 
low  stage  go  to  prove  that  they  could  not  have  with- 
stood that  terrible  current  for  many  centuries.  In  the 
winter,  when  the  water  is  at  its  lowest  stage,  immense 
masses  of  thick  ice  come  down  over  these  Cascades,  and 
strike  with  tremendous  force  against  the  rocks  ;  and 
the  consequent  wearing  away  must  have  been  too  great 
for  those  rocks  to  have  been  in  that  position  many  cen- 
turies. 

But  there  is  another  fact  that  seems  to  me  to  be  al- 
most conclusive.  As  we  passed  up  the  river,  the  water 
was  at  a  very  low  stage  ;  and  yet  for  some   twenty 


INDIAN  TRADITION. 


137 


miles  above  we  could  see  stumps  of  various  sizes  stand- 
ing as  thick  beneath  the  water  as  trees  in  a  forest.  The 
water  was  clear,  and  we  had  a  perfect  view  of  them. 
They  were  entirely  sound,  and  were  rather  sharp  in 
form  toward  the  top.  It  was  evident  that  the  trees  had 
not  grown  in  the  water,  but  it  had  been  backed  up 
over  their  roots,  and  the  tops  and  trunks  had  died  and 
decayed,  while  the  stumps,  being  under  water,  had 
remained  substantially  sound  ;  and  the  reason  why  they 
were  sharp  at  the  top  was,  that  the  heart  of  the  timber 
was  more  durable  than  the  sap-wood,  which  had  de- 
cayed. Another  reason  for  the  sharpness  of  the  stumps 
at  the  top  is,  the  abrasion  caused  by  the  floating  masses 
of  ice. 

It  was  the  opinion  of  Governor  Fremont  that  these 
stumps  had  been  placed  in  this  position  by  a  slide,  which 
took  them  from  their  original  site  into  the  river.  But 
I  must  think  that  opinion  erroneous,  becauao  the  slide 
could  hardly  have  been  so  great  in  length,  and  the  ap- 
pearance of  the  adjacent  hills  does  not  indicate  an  event 
of  that  magnitude.  It  is  much  more  rational,  I  think, 
to  suppose  that  the  slide  took  place  at  the  Cascades, 
and  that  the  Indian  tradition  is  true.  Another  reason 
is,  that  the  river  at  the  points  where  these  stumps  are 
found  is  quite  wide,  showing  an  increase  of  width  by 
the  backing  up  of  the  water  over  the  bottoms. 

I  procured  a  room  for  my  family  at  Vancouver,  un- 
til I  could  build  a  cabin.  General  M.  M.  McCarver  and 
myself  had  agreed  that  we  would  select  a  town  site  at 
the  head  of  ship  navigation  on  the  Willamette  River. 
The  General,  having  no  family  with  him,  arrived  at  the 
fort  some  time  before  I  did,  and  selected  a  spot  on  the 
Willamette,  about  five  miles  above  its  mouth,  at  what 
we  then  supposed  to  be  the  head  of  ship  navigation. 


It- 


m 


Wm.. 


'Jl 


138 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


■ 


i-'l' 


ii  i 


<i 


«^. 


4 


♦II! 


I'         ^ 


Here  we  laid  out  a  town,  calling  it  Linnton  for  Dr. 
Linn.  It  was  a  fair  site,  except  for  one  small  reason  : 
it  was  not  at  the  head  of  ship  navigation,  which  subse- 
quent experience  proved  to  be  at  Portland,  some  miles 
above.  I  had  a  cabin  built  at  Linnton,  and  lived  there 
with  my  family  from  about  the  middle  of  January  until 
the  first  of  May,  1844.  We  performed  a  considerable 
amount  of  labor  there,  most  of  which  was  expended  in 
opening  a  wagon-road  thence  to  the  Tualatin  Plains, 
over  a  mountain,  and  through  a  dense  forest  of  fir, 
cedar,  maple,  and  other  timber.  When  finished,  the 
road  was  barely  passable  with  wagons.  Our  town 
speculation  was  a  small  loss  to  us,  the  receipts  from  the 
sale  of  lots  not  being  equd  to  the  expenses. 

I  soon  found  that  expenses  were  certain  and  income 
nothing,  and  determined  to  select  what  was  then  called 
"  a  claim,"  and  make  me  a  farm,  I  knew  very  little 
about  farming,  though  raised  upon  a  farm  in  Missouri, 
and  had  not  performed  any  manual  labor  of  consequence 
(until  I  began  to  prepare  for  this  trip)  for  about  seven- 
teen years.  I  had  some  recollection  of  farming  ;  but 
the  theory,  as  practiced  in  Missouri,  would  not  fully  do 
for  Oregon.  Mr.  Douglas  told  me  that  I  could  not  suc- 
ceed at  farming,  as  there  was  a  great  deal  of  haid  work 
on  a  farm.  I  replied  that,  in  my  opinion,  a  sensible  and 
determined  man  could  succeed  at  almost  anything,  and 
I  meant  to  do  it.  I  did  succeed  well ;  but  I  never  had 
my  intellect  more  severely  tasked,  Avith  a  few  excep- 
tions. Those  who  think  good  farming  not  an  intellec- 
tual business  are  most  grievously  mistaken. 


I« 


1 


II 


PURCHASE  A  CLAIM. 


139 


PURCHASE  A  CLAIM — CLIMATE  AND  SCENERY  OF  ORE- 
GON—  NUMBER  OF  OUR  IMMIGRANTS  —  ASSISTANCE 
RENDERED    OUR   IMMIGRATION. 

Some  time  in  April,  1844,  I  went  to  the  Tualatin 
Plains,  and  purchased  a  claim  in  the  middle  of  a  circu- 
lar plain,  about  three  miles  in  diameter.  The  claim  was 
entirely  destitute  of  timber,  except  a  few  ash-trees  which 
grew  along  the  margin  of  the  swales.  The  plain  was 
beautiful,  and  was  divided  from  the  plains  adjoining  by 
living  streams  of  water  flowing  from  the  mountains,  the 
banks  of  which  streams  were  skirted  with  fir  and  white- 
cedar  timber.  The  surface  of  this  plain  was  gently  un- 
dulating, barely  suflScient  for  drainage.  I  purchased 
ten  acres  of  splendid  fir  timber,  distant  about  a  mile  and 
a  half,  for  twenty-five  dollars.  This  supply  proved  am- 
ple for  a  farm  of  about  two  hundred  and  fifty  acres. 

These  swales  are  peculiar  winter  drains,  from  ten  to 
thirty  yards  wide,  and  from  one  to  two  feet  deep.  In 
the  winter  they  are  filled  with  slowly  running  water ; 
but  in  summer  they  are  dry,  and  their  flat  bottoms  be- 
come almost  as  hard  as  a  brick.  No  vegetation  of  con- 
sequence will  grow  in  these  swales  ;  and  the  only  tim- 
ber along  their  margins  is  scattering  ash,  from  six  to 
eight  inches  in  diameter  and  from  twenty  to  twenty -five 
feet  high,  with  wide,  budhy  tops.  The  land  on  both 
sides  of  these  swales  being  clean  prairie,  the  rows  of 
green  ash  in  summer  give  the  plain  a  beautiful  appear- 
ance . 

During  the  five  years  I  remained  in  Oregon,  the 
rainy  season  invariably  set  in  between  the  18th  of  Oc- 
tober and  the  Ist  of  November,  and  continued  until 
about  the  middle  of  April,  with  occasional  showers  to 
July.     In  1845  there  were  showers  in  August  sufficient 


M 


\   iMi 


140 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


'n        III 


^        ! 


to  sprout  wheat  in  the  shock.  Always  about  the  10th 
of  Scptemher  we  had  frost  sufficient  to  kill  bean  and 
melon  vines.  The  season  for  sowing  wheat  and  oats 
extended  from  the  commencement  of  the  rains  until  the 
first  of  May  ;  and  the  harvest  began  about  the  20th  of 
July.  We  had  snow  every  winter  but  one  while  I  was 
in  Oregon.  At  one  time  it  was  from  six  to  eight  inches 
deep,  and  remained  upon  the  ground  about  ten  days. 
The  Columbia  River  was  then  frozen  over  at  Vancouver; 
but  this  fact  is  not  a  true  indication  of  the  degree  of 
cold,  as  this  stream  heads  in  a  cold  region,  and  the  ice 
forms  above  and  comes  down  in  floating  masses  ;  and, 
when  the  tide  is  rising,  there  is  little  or  no  current  in 
the  river,  and  it  then  freezes  over  very  easily.  During 
the  winter,  and  most  generally  in  February,  there  is  an 
interval  of  fine  clear  weather,  which  lasts  about  twenty 
days,  with  a  cold  wind  from  the  north,  and  hard  frosts. 
But  during  most  of  the  rainy  season  the  rains  are 
almost  continuous.  Sometimes  the  sun  would  not  be 
seen  for  twenty  days  in  succession.  It  would  generally 
rain  about  three  days  and  nights  without  intermission, 
then  cease  for  about  the  same  period  (still  remaining 
cloudy),  and  then  begin  again.  These  rains  were  not 
very  heavy,  but  cold  and  steady,  accompanied  with  a 
brisk,  driving  wird  from  the  south.  It  required  a  very 
stout,  determined  man  to  ride  all  day  facing  one  of 
thf se  rains.  They  were  far  worse  than  driving  snow,  as 
they  wet  and  chilled  the  rider  through.  The  summers, 
the  latter  half  of  the  spring,  and  the  early  half  of  the 
fall,  were  the  finest  in  the  world,  so  far  as  my  own  ex- 
perience extends.  Though  the  rainy  seasons  be  long 
and  tedious,  they  are,  upon  the  whole,  a  blessing.  The 
copious  rains  fertilize  the  soil  of  the  fields,  and  keep 
them  always  fresh  and  productive.      In  my  own  best 


NUMBER  OF  OUR  IMMIGRANTS. 


141 


icre  IS  an 


rains  are 


judgment,  Oregon  is  one  of  the  loveliest  and  most  fertile 
spots  of  earth.  It  is  destined  to  be  densely  populated 
and  finely  cultivated.  The  scenery  of  her  mountains 
and  valleys  is  simply  magnificent.  Her  snow-clad  moun- 
tains, her  giant  forests,  her  clear  skies  in  summer,  and 
her  green  and  blooming  valleys,  constitute  a  combina- 
tion of  the  beautiful  that  can  not  be  excelled. 

When  we  arrived  in  Oregon,  we  more  than  doubled 
the  resident  civilized  population  of  the  country.  J.  W. 
Nesmith,  our  orderly  sergeant,  made  a  complete  roll  of 
the  male  members  of  the  company  capable  of  bearing 
arms,  including  all  above  the  age  of  sixteen  years.  This 
roll  he  preserved  and  produced  at  the  Oregon  Pioneers' 
Celebration  in  June,  1875.  I  have  inspected  this  roll  as 
published  in  "  The  Oregonian,"  and  find  it  correct,  except 
in  the  omission  of  the  name  of  P.  B.  Reading,  who 
went  to  California,  and  including  the  name  of  A.  L, 
Lovejoy,  who  came  the  year  before. 

This  roll  contained  293  names,  207  of  whom  arrived 
in  Oregon.  Of  the  26  missing,  6  died  on  the  way,  o 
turned  back  on  Platte  River,  and  15  went  to  California. 
He  also  gives  the  names  of  many  of  the  resident  male 
population,  and  estimates  their  number  at  157.  John 
M.  Shively  *  made  a  complete  list  of  all  the  emigrants 
at  the  crossing  of  Kansas  River,  but  that  list  has  unfor- 
tunately been  lost.  Judge  M.  P.  Dcady,  in  his  address 
before  the  Oregon  Pioneers  in  Juno,  1875,  estimated  the 
immigration  of  1843,  men,  women,  and  children,  at  nine 
hundred.      My  own  estimate  would  not  be  so  high.      I 


II 


*  John  M.  Shively  is  a?i  engineer,  and  a  plain,  unassuming  man, 
but  possessed  of  much  greater  genuine  ability  than  most  people  sup- 
posed. Justice  has  never  been  done  him.  He  was  in  Washington 
City  in  the  winter  of  1845-'46,  and  was  the  originator  of  the  project 
of  a  steamship  line  from  New  York  to  this  coast  by  way  of  Panama. 


-M 


jr:f\T  f  ^ 


I 


r^i  11'  ffi 


142 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


j 

I'. 

'     1 

1 

!-*._„ 

have  always  estimated  the  number  arriving  in  Oregon 
as  not  exceeding  eight  hundred. 

When  we  arrived  in  Oregon  we  were  poor,  and  our 
teams  were  so  much  reduced  as  to  be  unfit  for  service 
until  the  next  spring.  Those  of  us  who  came  by  water 
from  Walla  Walla  left  our  cattle  there  for  the  winter  ; 
and  those  who  came  by  water  from  the  Dalles  left  their 
cattle  for  the  winter  at  that  point.  Even  if  our  teams 
had  been  fit  for  use  when  we  arrived,  they  would  have 
been  of  no  benefit  to  us,  as  we  could  not  bring  them  to 
the  Willamette  Valley  until  the  spring  of  1844.  Pork 
was  ten  and  flour  four  cents  a  pound,  and  other  provis- 
ions in  proportion.  These  were  high  prices  considering 
our  scanty  means  and  extra  appetites.  Had  it  not  been 
for  the  generous  kindness  of  the  gentlemen  in  charge  of 
the  business  of  the  Hudson's  Bay  Company,  we  should 
have  suffered  much  greater  privations.  The  Company 
furnished  many  of  our  immigrants  with  provisions, 
clothing,  seed,  and  other  necessaries  on  credit.  This 
was  done,  in  many  instances,  where  the  purchasers  were 
known  to  be  of  doubtful  credit.  At  that  time  the  Com-r 
pany  had  most  of  the  pro^nsions  and  merchandise  in  the 
country  ;  and  the  trade  with  our  people  was,  upon  the 
whole,  a  decided  loss,  so  many  failing  to  pay  for  what 
they  had  purchased.  Many  of  our  immigrants  were  un- 
worthy of  the  favors  they  received,  and  only  returned 
abuse  for  generosity, 

I  remember  an  example,  related  to  me  by  Captain 
James  Waters,  an  excellent  man,  possessed  of  a  kind 
heart,  a  truthful  tongue,  and  a  very  patient  disposition. 
As  before  stated,  most  of  our  imnigrants  passed  from 
the  Oalles  to  the  Cascades  on  rafts  made  of  dry  logs. 
This  was  not  only  slow  navigation,  but  their  rafts  were 
utterly  useless  after  reaching  the  Cascades  ;  and  they 


■I! 


1 


DR.  JOILV  McLOUGHLIN. 


143 


were  compelled  to  remain  there  for  some  days,  before 
they  could  descend  the  river  to  the  fort.  In  the  mean 
time  their  supplies  of  provisions  had  been  consumed. 
Captain  Waters  was  among  the  first  of  our  immigrants 
to  arrive  at  Vancouver,  having  no  family  with  him  ; 
and  he  at  once  applied  to  Dr.  McLoughlin  for  supples 
of  provisions  for  the  immigrants  at  the  Cascades,  but 
had  nothing  wherewith  to  pay.  The  Doctor  furnished 
the  supplies,  and  also  a  boat  to  take  them  up,  with  the 
understanding  that  Captain  Waters  would  navigate  the 
vessel,  and  sell  the  provisions  to  the  immigrants  at  Van- 
couver prices.  This  was  done  ;  but  many  of  the  pur- 
chasers never  paid,  contenting  themselves  with  abus- 
ing the  Doctor  and  the  Captain,  accusing  them  of  wish- 
ing to  speculate  upon  the  necessities  of  poor  immigrants. 
The  final  result  was  a  considerable  loss,  which  Dr.  Mc- 
Loughlin and  Captain  Waters  divided  equally  between 
them.  I  met  Waters  myself  with  the  boat  laden  with 
provisions  going  up,  as  I  passed  down  the  river  the  first 
time ;  and  there  can  be  no  doubt  of  the  truth  of  his 
statement. 

DR.    JOHN    MC'LOrr.HLTN JAMES   DOUGLAS POLICY    OF 

THE   Hudson's   bay  company  in  its  intercourse 

WITH  THE  INDIANS. 

Dr.  John  McLoughlin  was  one  of  the  greatest  and 
most  noble  piiilanthropists  I  ever  knew.  He  was  a  man 
of  superior  ability,  just  in  all  his  dealings,  and  a  faith- 
ful Christian.  I  never  knew  a  man  of  the  world  who 
was  more  admi»'able.  I  never  heard  him  utter  a  vicious 
sentiment,  or  applaud  a  wrongful  act.  His  views  and 
acts  were  formed  upon  the  model  of  the  Christian  gen- 
tleman.    Ho  was  a  superior  business  man,  and  a  pro- 


■Jil 


»  ":  f  ' 


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■,'v! 
I  i ' 


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I'i 


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ITT 


"wi^ 


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fl   J- 

If 

111 

144 


RECOLLECTIONS  OF  AN  OLD  TIONEER. 


found  judge  of  human  nature.  He  had  read  a  great 
deal,  and  had  learned  much  from  intercourse  with  intel- 
ligent men.  He  spoke  and  wrote  French  and  English 
equally  well,  having  learned  both  languages  while  grow- 
ing up  from  childhood. 

In  his  position  of  chief  factor  of  the  Hudson's  Bay 
Company  he  had  grievous  responsibilities  imposed  upon 
him.  He  stood  between  the  absent  directors  and  stock- 
holders of  the  Company  and  the  2)rese)it  suffering  immi" 
grants.  He  witnessed  their  sufferings  ;  they  did  not. 
He  was  unjustly  blamed  by  many  of  both  parties.  It 
was  not  the  business  of  the  Company  to  deal  upon 
credit ;  and  the  manager  of  its  affairs  in  Oregon  was 
suddenly  thrown  into  a  new  and  very  embarrassing  po- 
sition. How  to  act,  so  as  to  secure  the  approbation  of 
the  directors  and  stockholders  in  England,  and  at  the 
same  time  not  to  disregard  the  most  urgent  calls  of  hu- 
manity, Avas  indeed  the  great  difficulty.  No  j)ossible 
line  of  conduct  could  have  escaped  censure. 

To  be  placed  in  such  a  position  was  a  misfortune 
which  only  a  good  man  could  bear  in  patience.  I  was 
assured  by  Mr.  Frank  Ermatingcr,  the  manager  of  the 
Company's  store  at  Oregon  City,  as  well  as  by  others, 
that  Dr.  McLoughlin  had  sustained  a  heavy  individual 
loss  by  his  charity  to  the  immigrants,  I  knew  enougli 
myself  to  be  certain  that  these  statements  were  substan- 
tially true.  Yet  such  was  the  humility  of  the  Doctor 
that  he  never,  to  my  knowledge,  mentioned  or  alluded 
to  any  particular  act  of  charity  performed  by  him.  I 
was  intimate  with  him,  and  he  never  mentioned  them  to 
me.  When  I  first  saw  him  in  1843,  his  hair  was  white. 
He  had  then  been  in  Oregon  about  twenty  years.  He 
was  a  large,  noble-looking  old  man,  of  commanding 
figure  and  countenance.     His  manners  were  courteous 


f 


JAMES  DOUGLAS. 


145 


but  frank  ;  and  the  stranger  at  once  felt  at  ease  in  his 
presence. 

Mr.  James  Douglas  (subsequently  Sir  James,  and 
Governor  of  British  Columbia)  was  a  younger  man 
than  Dr.  McLoughlin  by  some  fifteen  years.  He  was  a 
man  of  very  superior  intelligence,  and  a  finished  Chris- 
tian gentleman.  His  course  toward  us  was  noble,  pru- 
dent, and  generous.  I  do  not  think  that  at  that  time  he 
possessed  the  knowledge  of  men  that  the  Doctor  did, 
nor  was  he  so  great  a  philanthropist.  I  regarded  him 
as  a  just  and  able  man,  with  a  conscience  and  character 
aLove  veproach.  In  his  position  of  Governor  of  British 
Coll  mbia,  he  was  censured  by  Mr.  John  Nugent  of  Cali- 
fornia, as  I  must  think,  without  sufficient  reason.  Errors 
of  judginent  Governor  Douglas  may  have  committed,  as 
almost  any  man  would  have  done  at  times  in  his  trying 
position  ;  but  he  must  have  radically  changed  since  I 
knew  him,  if  he  knowingly  acted  improperly. 

It  was  most  fortunate  for  us  that  two  such  noble 
men  were  managers  of  the  Company  at  the  time  of  our 
arrival.  Our  own  countrymen  had  it  not  in  their  power 
to  aid  us  efficiently.  Many  of  them  were  immigrants  of 
the  preceding  season  ;  others  were  connected  with  the 
missions  ;  and,  altogether,  they  were  too  few  and  poor 
to  help  us  much.  The  Company  could  not  afford  to  ex- 
tend to  succeeding  immigrations  the  same  credit  they 
did  to  us.  The  burden  would  have  been  too  great. 
This  refusal  led  many  to  complain,  but  without  suffi- 
cient reason. 

From  Dr.  McLoughlin  and  others  I  learned  a  great 
deal  in  reference  to  the  manner  in  which  the  business  of 
the  Company  had  been  conducted.  At  the  time  of  the 
Doctor's  arrival  in  Oregon,  and  for  many  years  after- 
ward, the  principal   inhabitants  were  Indians,  divided 


iT- 


u. 


i  '  ' 

I! 


<  i  ij 


HI 


I 


!     i 


Mil; 


146 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


into  various  small  tribes,  speaking  different  languages. 
These  Indians  were  mainly  found  upon  the  Columbia 
and  its  tributaries,  and  far  outnumbered  the  hired  ser- 
vants of  the  Company.  The  task  of  controlling  these 
wild  people  was  one  of  great  delicacy,  requiring  a 
thorough  knowledge  of  human  nature  and  the  greatest 
administrative  ability.  The  Doctor's  policy  was  based 
upon  the  fundamental  idea  that  all  men,  civilized  or  sav- 
age, have  an  innate  love  of  justice,  and  will  therefore  be 
ultimately  best  satisfied  with  fair,  honest  dealing. 

The  Company  had  its  various  trading-posts  located 
at  convenient  points  throughout  a  vast  territory.  The 
Indian  population  being  about  stationary  as  to  numbers 
and  pursuits,  it  was  not  very  difficult  to  calculate  the 
amount  of  supplies  likely  to  be  required  in  each  year. 
The  Company  was  in  the  habit  of  importing  one  year's 
supply  in  advance  ;  so  that  if  a  cargo  should  be  lost,  its 
customers  would  not  suffer.  Its  goods  were  all  of  su- 
perior quality,  purchased  on  the  best  terms,  and  were 
sold  at  prices  both  uniform  and  moderate.  Of  course, 
prices  in  the  interior  were  higher  than  on  the  seaboard  ; 
but  thoy  never  varied  at  the  same  post.  The  Indians 
knew  nothing  of  the  intricate  law  of  demand  and  sup- 
ply, and  could  not  be  made  to  understand  why  an  arti- 
cle of  a  given  size  and  quality  should  oe  worth  more  at 
one  time  than  at  another  in  the  same  place,  while  the 
material  and  labor  used  and  employed  in  its  manufac- 
ture were  the  same.  A  tariff  of  prices,  once  adopted, 
was  never  changed.  The  goods  were  not  only  of  the 
best,  but  of  uniform  quality.  To  secure  these  results 
the  Company  hid  most  of  its  goods  manufactured  to 
order.  The  wants  of  the  Indians  being  very  few,  their 
purchases  were  con  ned  to  a  small  variety  of  articles  ; 
and  consequently  ♦h,  '^  became  the  very  best  judges  of 


POLICY   OF  THE  HUDSON'S  BAY  COMPANY. 


147 


the  quality  of  the  goods  they  desired  to  purchase.  No 
one  could  detect  any  imperfection  in  a  blanket  more 
readily  and  conclusively  than  an  Oregon  Indian.  There 
was  always  kept  an  ample  supply  at  each  post ;  so  that 
the  customers  of  the  Company  were  not  driven  at  any 
time  to  deal  with  rival  traders,  or  do  without  their 
usual  supplies. 

It  was  evident  that  no  successful  competition  vnth 
the  Company  could  last  long  under  such  circumstances. 
No  one  could  continue  to  undersell  them  and  make  a 
profit ;  and  the  competitor,  Avithout  profit,  must  fail. 
The  uniform  low  prices  and  the  good  quality  of  its 
articles  pleased  the  Indians,  and  the  Company  secured 
their  custom  beyond  the  reach  of  competition.  The 
Company  adopted  a  system  that  would  work  out  best 
in  the  end,  and,  of  course,  was  successful. 

In  the  course  of  time  the  Company  induced  the  In- 
dians to  throw  aside  the  bow  and  arrow,  and  to  use  the 
gun  ;  and,  as  the  Company  had  all  the  guns  and  am- 
munition in  the  country,  the  Indians  became  dependent 
upon  it  for  their  supplies  of  these  articles.  It  was  the 
great  object  of  the  Company  to  preserve  the  peace 
among  the  Indians  within  the  limits  of  its  trading  terri- 
tory, not  only  from  motives  of  pure  humanity,  but  from 
mercantile  interest ;  as  the  destruction  of  the  Indians 
was  the  destruction  of  its  customers,  and  the  consequent 
ruin  of  its  trade. 

When  the  Indians  went  to  war  with  each  other,  the 
Doctor  first  interposed  his  mediation,  as  the  common 
friend  and  equal  of  both  parties.  When  all  other  means 
failed,  he  refused  to  sell  them  arms  and  ammunition, 
saying  that  it  was  the  business  of  the  Company  to  sell 
them  these  articles  to  kill  game  with,  not  to  kill  each 
other.     By  kindness,  justice,  and  discreet  firmness,  the 


t;;,;  *i 


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■'H 


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148 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


li 


i 


Indians  were  generally  kept  at  peace  among  them- 
selves. They  found  it  almost  impossible  to  carry  on 
war. 

But  the  task  of  protecting  the  servants  of  the  Com- 
pany against  the  attacks  of  the  Indians  was  one  of  still 
greater  difficulty.  The  Doctor  impressed  the  Indians 
with  the  fact  that  the  Company  was  simply  a  mercan- 
tile corporation,  whose  purpose  was  only  trade  with  the 
natives  ;  that  its  intention  was  only  to  appropriate  to 
its  exclusive  use  a  few  sites  for  its  trading-posts  and 
small  parcels  of  adjacent  lands,  sufficient  to  produce 
supplies  for  its  people  ;  thus  leaving  all  the  remainder 
of  the  country  for  the  use  and  in  the  exclusive  posses- 
sion of  the  Indians  ;  and  that  this  possession  of  limited 
amounts  of  land  by  the  Company  would  be  mutually 
beneficial.  Even  savages  have  the  native  good  sense 
to  discover  the  mutual  benefits  of  trade.  The  Indians 
wanted  a  market  for  their  furs,  and  the  Company  cus- 
tomers for  its  merchandise.  ♦ 

It  was  an  inflexible  rule  with  the  Doctor  never  to 
violate  his  word,  whether  it  was  a  promise  of  reward  or 
a  threat  of  punishment.  There  is  no  vice  more  detested 
by  Indians  than  a  failure  to  keep  one's  word,  which 
they  call  lying.  If  it  were  a  failure  to  perform  a  prom- 
ised act  beneficial  to  the  Indians  themselves,  they  would 
regard  it  as  a  fraud  akin  to  theft ;  and,  if  a  failure  to 
carry  out  a  threat  of  punishment,  they  would  consider 
it  the  result  of  weakness  or  cowardice.  In  either  case, 
the  party  who  broke  his  pledged  word  would  forfeit 
their  respect,  and  in  the  first  case  would  incur  their 
undying  resentment. 

To  guard  against  the  natural  jealousy  of  the  Indians, 
and  insure  peace  between  them  and  the  servant?',  of  the 
Company,  it  became  necessary  to  adopt  and  enforce  the 


'Tf 


POLICY  OF  THE  HUDSON'S  BAY  COMPANY,       149 

mos*^^  '-igid  discipline  among  the  latter.  This  discipline 
was  lounded  upon  the  great  principle  that,  to  avoid 
difficulty  with  others,  we  must  first  do  right  ourselves. 
To  make  this  discipline  the  more  efficient,  the  Doctor 
adopted  such  measures  as  substantially  to  exclude  all 
intoxicating  liquors  from  the  country.  When  a  crime 
was  committed  by  an  Indian,  the  Doctor  made  it  a  rule 
not  to  hold  the  whole  tribe  responsible  for  the  unauthor- 
ized acts  of  individuals,  but  to  inflict  punishment  upon 
the  culprit  himself.  In  cases  of  '-rime  by  Indians,  the 
Doctor  insisted  upon  just  punishment  ;  and,  if  the  culprit 
escaped  for  a  time,  the  pursuit  was  never  given  up  until 
he  was  captured.  In  some  cases,  several  years  elapsed 
between  the  date  of  the  crime  and  that  of  the  capture 
of  the  fugitive.  Certain  and  just  punishment  was  al- 
ways inflicted  upon  the  criminal.  This  the  Doctor  was 
able  to  accomplish  through  the  Company's  agents  at  the 
different  posts,  and  by  negotiation  with  the  leading  In- 
dian chiefs,  and  the  offer  of  rewards  for  the  arrest  of 
the  fugitive. 

In  this  manner  the  Doctor  secured  and  kept  the  con- 
fidence of  the  Indians,  When  he  first  arrived  in  Ore- 
gon, and  for  some  time  thereafter,  whenever  boats  were 
sent  up  the  Columbia  with  supplies,  a  guard  of  sixty 
armed  men  was  required  ;  but,  in  due  time,  only  the 
men  necessary  to  ])ropel  the  boats  were  needed.  The 
Indians  at  the  different  ])ortages  wore  employed  and 
paid  by  the  Company  to  assist  in  making  them. 

The  Indians  soon  saw  that  the  Company  was  a  mere 
trading  establishment,  confined  to  a  small  space  of  land 
at  each  post,  and  was,  in  point  of  fact,  sidvant.ageous 
to  themHelv<;s.  The  few  Canadian- French  who  were 
located  in  the  Willamette  Valley  were  mostly,  if  not 
entirely,  connected  by  marriage  with  the  Indians,  the 


i 


Ml 


il 


I 


•I 


1 


ii'^ 


% 

Ml 


\mM 


V 


■:h 


•I- 


■ 


» 


HI 


li 


''I'lii 


150 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Frenchmen  having  Indian  wives,  and  were  considered 
to  goTue  extent  as  a  part  of  their  own  people.  But,  Avhcn 
we,  the  American  immigrants,  came  into  what  the  In- 
dians claimed  as  their  own  country,  we  were  consider- 
able in  numbers  ;  and  we  came,  not  to  establish  trade 
with  the  Indians,  but  to  take  and  settle  the  country 
exclusively  for  ourselves.  Consequently,  we  went  any- 
where we  pleased,  settled  down  without  any  treaty  or 
consultation  with  the  Indians,  and  occupied  our  claims 
without  their  consent  and  without  compensation.  This 
difference  they  very  soon  understood.  Every  succeed- 
ing fall  they  found  the  white  population  about  doubled, 
and  our  settlements  continually  extending,  and  rapid- 
ly encroaching  more  and  more  upon  their  pasture  and 
camas  grounds.  They  saw  that  we  fenced  in  the  best 
lands,  excluding  their  horses  from  the  grass,  and  our 
hogs  ate  up  their  camas.  They  instinctively  saw  anni- 
hilation before  them. 

As  illustrative  of  the  difficulties  of  Dr.  McLough- 
lin's  position,  I  will  state  the  facts  of  a  few  cases,  as 
they  were  related  to  me  substantially  by  the  Doctor 
himself. 

The  shore  of  the  Columbia  River  in  front  of  Fort 
Vancouver  was  covered  with  cohble-stones,  which  were 
used  by  the  Company  as  ballast  for  its  returning  Khi])s. 
The  principal  chief  of  the  Indians  concluded  that  the 
Company  ought  to  pay  something  for  those  stones  ;  and 
one  day,  in  the  presence  of  a  large  crowd  of  his  ])coi)le 
(assembled,  perha])s,  for  that  purpose),  he  demanded 
payment  of  the  Doctor.  Of  course,  the  Doctor  was 
taken  by  surprise,  but  at  once  comprehended  the  situ- 
ation, lie  knew,  if  lie  consented  to  pay  in  this  case, 
there  would  be  no  end  to  exactions  in  the  future.  How 
best  to  avoid  the  payment  without  giving  offense  was 


idered 
:,  when 
the  In- 
msider- 
trade 
:;ountry 
nt  any- 
eaty  or 

daims 
This 
juecccd- 
louhlcd, 
d  rapid- 
ture  and 
the  best 
and  our 
aw  anni- 


IcLough- 

cascs,  as 
B  Doctor 


,  of  Fort 
lieh  were 
npf  sliljis. 

that  the 
mes  ;  and 
lis  peoi)lo 
lenianded 
Dctor  was 

the  situ- 
this  case, 
re.  How 
House  was 


INCIDENTS. 


151 


the  question.  He  knew  that  the  Indians  possessed  a 
keen  sense  of  the  ridiculous  ;  and,  after  reflecting  a  mo- 
ment, he  picked  up  a  cobble-stone,  and  solemnly  offered 
it  to  the  chief,  saying,  "  Eat  this."  The  Indians  pres- 
ent at  once  saw  how  ridiculous  it  was  to  demand  pay- 
ment for  that  which  was  of  no  practical  value  to  them, 
and  set  up  a  loud  shout  of  derisive  laughter.  The  chief 
was  so  much  ashamed  of  his  silly  demand  that  he 
walked  off  in  silence,  and  never  after  that  demanded 
payment  for  things  of  no  value  to  him. 

While  the  Company's  ships  lay  at  anchor  in  the 
river  opposite  the  fort,  the  Doctor  occasionally  granted 
a  written  permit  to  some  particular  Indian  to  visit  the 
ships.  On  one  occasion  he  granted  such  a  permit  to  an 
Indian  who  was  seen  by  other  Indians  to  go  on  board, 
hut  was  not  seen  by  them  to  return,  though,  in  fact,  he 
(lid  so  return.  Within  a  day  or  two  thereafter,  the 
brother  of  this  Indian,  being  unable  to  find  him,  and 
suspecting  that  he  had  been  enticed  on  board  the  ship, 
and  either  murdered  or  forcibly  impi'isoned  for  the  pur- 
pose of  abduction,  applied  to  the  Doctor  for  a  permit  to 
visit  the  ship.  As  the  Indian  concealed  his  reason  for 
asking  the  i)ormit,  the  Doctor  supposed  he  was  in- 
fliuMiced  by  an  idle  curiosity,  and  refused  the  request. 
The  Indian  returned  again  for  the  same  purpose,  and 
was  again  refused.  He  came  the  third  time,  with  the 
same  result.  He  then  concluded  that  his  brother  must 
eitluT  bo  imprisoned  on  the  ship,  or  had  been  murdered  ; 
and  ho  at  once  resolved  upon  revenge.  In  the  evening 
of  the  same  day,  about  an  hour  before  simset,  a  shot  was 
heard  ;  and  the  gardener  came  running  into  the  fort  in 
great  terror,  with  a  bullet-hole  through  the  top  of  his 
hat,  saying  that  an  Indian  had  fired  upon  him  from  be- 
hind the  garden-fence.     The  gates  of  the  fort  were  at 


I 


i 


Ml 


;  hi 


If1 


nm^'snmw'f  ri^T 

u 

M  t  « 

] 

i;. 
ly 


1^ 


I* 


I   ■' 


ii         ) 


JH  1 


)!• 


152 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


once  closed,  and  all  hands  prepared  for  defense.  Upon 
subsequent  investigation,  the  body  of  the  missing  In- 
dian was  found  in  the  bushes,  in  the  rear  of  the  fort. 
He  had  evidently  fallen  down  in  a  fit,  and  expired  where 
his  body  was  found.  No  attempt  was  made  to  punish 
the  surviving  brother,  as  he  had  acted  under  a  very 
natural  mistake. 

On  one  occasion  the  Indians  determined  to  take 
and  sack  Fort  Vancouver.  The  plot  for  this  purpose 
was  conceived,  and  in  part  executed,  with  consummate 
ability. 

Two  of  their  most  powerful  chiefs  quietly  went  from 
Foi't  Vancouver  to  Nesqualy,  a  trading-post  on  Puget's 
fc>ound,  and  remained  there  several  days.  While  there, 
they  made  themselves  minutely  acquainted  with  every- 
thing about  the  fort.  They  then  speedily  returned  to 
Fort  Vancouver,  and  at  once  sought  and  obtained  an 
interview  with  Dr.  McLoughlin  and  his  associates.  One 
of  the  Indians  was  the  speaker,  while  the  other  carefully 
watched  to  see  what  impression  their  statements  would 
make.  The  Company's  interpreter,  a  very  shrewd  Cana- 
dian, was  present  during  the  interview. 

The  Indians  stated  that  they  left  Nesqualy  at  a  cer- 
tain time,  which  was  true  ;  and  that  the  Indians  in  that 
vicinity  had  attacked  and  captured  the  fort  by  surprise, 
and  had  slaughtered  all  the  inhabitants,  amounting  to  a 
certain  number  of  persons,  which  number  they  specified 
truly.  The  Indians  were  subjected  to  a  severe  cross- 
examination  without  betraying  tha  slightest  embarrass- 
ment, and  without  making  any  contradictory  state- 
ments. When  asked  how  many  persons  were  in  the 
fort  at  the  time,  what  were  their  several  ages,  sexes, 
appearances,  employments,  and  the  position  that  each 
occupied  in  the  fort,  they  invariably  gave  the  correct 


i!  V 


INCIDENTS. 


153 


Upon 

mg  In- 

10  fort. 

1  where 

punish 

a  very 


to  take 
purpose 
uinmate 


2nt  from 
Puget'a 
lo  there, 
,h  every- 
urned  to 
ained  an 
ci3.  One 
carefully 
its  would 
»rd  Cana- 

at  a  cer- 
18  in  that 

surprise, 
iting  to  a 

specified 
ere  cross- 
mbarrass- 
ry  state- 
re  in  the 
fos,  sexes, 
that  each 
le  correct 


"4 
I 


answer.  It  was  impossible  to  detect  any  contradictions 
in  their  statements.  All  were  perfectly  consistent,  as 
the  only  falsehood  was  the  alleged  fact  that  Fort  Nes- 
qualy  had  been  taken  and  the  people  killed.  The  Doc- 
tor and  his  associates  were  greatly  perplexed,  and  left 
in  much  doubt.  The  Canadian  interpreter  was  asked 
his  opinion,  and  he  replied,  "  Let  me  sleep  on  it  one 
night."  Next  morning  he  said  he  did  not  believe  the 
story  ;  that  the  Indians  were  such  liars  that  he  could 
not  believe  them  ;  that  they  had  before  deceived  them. 
This  view  prevailed. 

The  object  of  these  Indians  was  to  induce  the  Com- 
pany to  send  nearly  all  its  men  to  Nesqualy  to  punish 
the  alleged  murderers,  thus  reducing  the  force  at  Fort 
Vancouver  to  such  an  extent  that  it  could  be  readily 
taken.  These  Indians  knew,  from  the  invariable  prac- 
tice of  the  Company,  that  such  a  crime,  if  committed, 
would  not  escape  punishment  if  practicable.  If  they 
could  only  make  the  Doctor  believe  their  narrative,  he 
would  at  once  dispatch  an  ample  force  to  Nesqualy. 

The  traders  in  charge  of  interior  trading-posts  were 
often  exposed  to  peril  from  the  Indians.  The  Company 
could  only  keep  a  few  men  at  each  post,  and  the  Indians 
at  times  would  become  discontented.  A  rude  people, 
depending  entirely  upon  the  spontaneous  productions 
of  nature  for  a  supply  of  provisions,  must  often  suffer  ex- 
treme want.  In  such  a  case  men  become  desperate,  and 
are  easily  excited  to  rash  acts.  Mr.  McKinley  told  me 
that  the  Indians  on  one  occasion  attempted  to  rob  Fort 
Walla  Walla,  and  were  only  prevented  by  the  most 
cool,  intrepid  courage  of  the  people  of  the  post. 


I   , 


4^ 


J  u; 


,  I 


'*  i5>  I 


1  [ 


ii  ' 


CHAPTER  rV^ 

BOCKY  MOUNTAIN  TRAPPERS — THEIR  PECULIAR  CHARAC- 
TER— BLACK  IIAUSIS — JOSEPH  L.  MEEK — O.  RUSSELL 
— ROBERT   NEWELL. 


When  we  arrived  in  Oregon,  we  found  there  a  num- 
ber of  Rocky  Mountain  hunters  and  trappers,  who  were 
settled  in  tTie  Willamette  Valley,  most  of  them  in  the 
Tualatin  Plains.  The  invention  of  the  silk  hat  had  ren- 
dered the  trapping  of  beaver  less  profitable.  Besides, 
most  of  these  men  had  married  Indian  women,  and  de- 
sired to  settle  down  for  life.  They  had.  been  too  long 
accustomed  to  frontier  life  to  return  to  their  old  homes, 
Oregon  offered  them  the  best  prospects  for  the  future. 
Here  was  plenty  of  land  for  notliing,  and  a  fine  climate. 

These  trappers  and  hunters  constituted  a  very  pecu- 
liar class  of  men.  They  were  kind  and  genial,  brave 
and  hospitable,  and  in  regard  to  serious  matters  truthful 
and  honest.  There  was  no  malice  in  them.  They  never 
made  mischief  between  neighbor  and  neighbor.  But 
most  of  them  were  given  to  exaggeration  when  relating 
their  Rocky  Mountain  adventures.  They  seemed  to 
claim  the  privilege  of  romance  and  fable  when  describ- 
ing those  scenes.  As  exceptions  to  this  rule,  I  will  men- 
tion Judge  O.  Russell,  now  living  in  El  Dorado  County, 
California,'  and  Robert  Newell,  now  deceased.  Their 
statements  could  be  relied  upon  implicitly. 


1(1 


'fl 


;  CHARAC- 

RUSSELL 


ire  a  nura- 
who  were 
era  in  tlie 
it  had  ren- 
Besides, 
in,  and  de- 


ROCKY  MOUNTAIN  TRAPPERS. 


165 


Having  been  so  long  accustomed  to  the  idle  life  of 
the  Rocky  Mountains,  they  were  not  at  first  pleased 
with  the  hard  work  and  drudgery  of  farming.  Meek 
told  me  that  soon  after  their  arrival  in  Oregon  they  ap- 
plied to  Dr.  McLoughlin  to  purchase  supplies  on  credit. 
This  application  the  Doctor  refused.  They  still  urged 
their  request  most  persistently,  and  finally  asked  the 
Doctor  what  they  should  do.  He  replied  in  a  loud 
voice  :  "  Go  to  work  !  go  to  work  !  go  to  work  !  "  Meek 
said  that  was  just  the  thing  they  did  not  wish  to  do. 

The  romancing  Rocky  Mountain  trapper  would  ex- 
ercise his  inventive  talent  to  its  utmost  extent  in  telling 
the  most  extraordinary  stories  of  what  he  claimed  he 
had  seen,  and  he  that  could  form  the  most  extravagant 
fiction  with  a  spice  of  plausibility  in  it  was  considered 
tlie  greatest  wit  among  them.  The  love  of  fame  is  in- 
herent in  the  breast  of  man  ;  and  the  first  man  in  a  vil- 
lage is  just  as  proud  of  his  position  as  the  first  man  in  a 
city  or  in  an  empire. 

I  knew  in  Missouri  the  celebrated  Black  Haras,  as 
he  was  familiarly  called,  and  was  frequently  in  his  com- 
pany. He,  perhaps,  invented  the  most  extraordinary 
story  of  them  all,  and  thenceforward  he  had  no  rival. 
He  said  that  on  one  occasion  he  was  hunting  in  the 
Rocky  Mountains  alone,  and  came  in  sight  of  what  he 
supposed  to  be  a  beautiful  grove  of  green  timber  ;  but, 
when  he  approached,  he  found  it  to  be  a  petrified  for- 
est ;  and  so  sudden  had  been  the  process  of  petrifaction 
that  the  green  leaves  were  all  petrified,  and  the  very 
birds  that  were  then  singing  in  the  grove  were  also  pet- 
rified in  the  act  of  singing,  because  their  mouths  were 
still  open  in  their  petrified  state.  This  story  I  did  not 
myself  hear  from  Harris,  but  I  learned  it  from  good  au- 
thority.       J, 


r 


.  i 


iililil'i' 


•ilJl 


I  ■    ;   li/ii' all 

w 

i 


t 


•f 


i: 


V      > 


1 

i 

i 

t 

1 

i 

1 
1 

1 

i 

156 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


From  these  Kocky  Mountain  trappers  I  learned  some- 
thing in  regard  to  that  interesting  animal,  the  beaver. 
Many  persons  suppose,  from  the  fact  that  the  beaver  is 
always  found  along  the  streams,  that  he  lives,  like  the 
otter,  on  fish.  This  is  a  mistake.  The  beaver  lives  en- 
tirely upon  vegetable  food,  and  for  this  reason  its  flesh 
is  esteemed  a  great  delicacy.  The  animal  feeds  mainly 
upon  the  bark  of  the  willow-tree,  which  grows  in  abun- 
dance along  the  rich,  moist  margins  of  the  streams,  and 
is  a  very  soft  wood,  easily  cut  by  the  beaver  with  his 
large,  sharp  teeth.  In  countries  where  the  streams 
freeze  over  in  winter,  the  beaver  makes  his  dam  across 
the  stream,  of  mud  and  brush  so  intermixed  as  to  make 
the  structure  safe  and  solid.  In  this  work  he  uses  his 
fore-paws,  not  his  tail,  as  some  have  supposed.  The  tail 
is  used  as  a  propelling  and  steering  power  in  swimming. 
The  object  in  damming  the  stream  is  to  deepen  the  wa- 
ter so  that  it  will  not  freeze  to  the  bottom,  but  leave 
plenty  of  room  below  the  ice  for  the  storage  of  the 
winter's  supply  of  food.  In  summer  tho  beaver  cuts 
down  the  green  willows,  and  divides  them  into  logs  of 
proper  length,  so  that  they  can  be  readily  moved.  These 
logs  are  deposited  at  the  bottom  of  the  pond,  and  kept 
down  by  mud  placed  upon  them.  The  willow  in  its  green 
state  is  almost  as  heavy  as  water,  and  these  logs  are 
easily  sunk  and  confined  to  the  bottom.  On  one  portion 
of  his  dam  the  beaver  constructs  his  house  above  the 
water,  with  an  entrance  from  beneath.  This  gives  him 
a  warm  home  and  safe  retreat  in  winter. 

The  mode  of  trapping  the  beaver  is  peculiar.  The 
trap  itself  is  never  baited  The  animal  has  in  his  body 
a  secretion  something  like  musk.  The  trapper  finds  out 
the  home  of  the  beaver,  and  selects  a  place  on  the  side 
of  the  pond  where  the  water  is  shallow  near  the  shore; 


THE  BEAVER. 


157 


Bome- 
)eaver, 
aver  is 
ike  the 
ves  en- 
s  flesh 
mainly 
abun- 
ns,  and 
ith  his 
streams 
1  across 
to  make 
uses  his 
The  tail 
iraming. 
the  wa- 
nt leave 
J  of  the 
ver  cuts 
)  logs  of 
I.    These 
ind  kept 
its  green 
logs  are 
e  portion 
bove  the 
;ives  him 

ar.  The 
his  body 
finds  out 
t  the  side 
he  shore; 


and  there,  in  the  edge  of  the  stream,  he  drives  down 
a  stake  of  hard-seasoned  wood,  which  the  beaver  can 
not  cut.  To  this  stake  he  fastens  the  chain  that  is 
attached  to  the  trap,  and  then  sets  the  trap  in  water 
some  six  inches  deep.  On  the  shore,  exactly  opposite 
the  trap,  he  places  a  bait  of  the  secretion.  The  beaver 
always  swims  up  the  center  of  the  pond  ;  and  when  he 
comes  immediately  opposite  the  bait  he  turns  at  right 
angles  and  goes  straight  toward  it,  but  is  caught  in  the 
trap  while  passing  over  it.  So  soon  as  he  feels  the  trap 
he  endeavors  to  escape,  and  drags  the  trap  into  deep 
water  as  far  as  the  chain  will  permit.  The  steel  trap  is 
BO  heavy  that  the  beaver  can  not  possibly  swim  with  it, 
but  is  confined  by  its  weight  to  the  bottom,  and  is  there 
drowned,  as  the  beaver,  like  other  amphibious  animals, 
can  remain  alive  under  water  only  for  a  limited  time. 

The  beaver  is  easily  tamed,  and  makes  a  very  do- 
cile and  interesting  pet.  He  is  remarkably  neat  and 
cleanly  in  his  habits,  as  much  so  as  the  domestic  cat, 
and  almost  as  much  so  as  the  ermine,  which  never  per- 
mits its  snow-white  covering  to  be  soiled. 

I  am  not  aware  that  any  wild  animal,  except  the 
glutton,  ever  preys  upon  the  beaver  or  otter.  Their 
terrible  teeth  are  most  formidable  weapons,  and  few 
wild  animals  would  venture  to  attack  them.  Besides, 
they  are  covered  with  a  large,  loose  skin  and  thick  fur, 
so  that  the  teeth  of  another  animal  can  hardly  reach 
a  vital  part.  It  is  a  well-known  fact  that  one  otter  will 
vanquish  a  number  of  largo,  brave  dogs.  Every  bite 
of  the  otter  leaves  a  large  gash,  like  that  made  by  the 
huge  tusks  of  the  wild  boar. 

Among  the  most  noted  of  these  trappers  was  my 
neighbor  and  friend,  Joseph  L.  Meek,  whose  life  has 
been  written  by  Mrs.  Victor,  of  Oregon.     Meek  was  a 


I  J 


Im 


^u 


1  •    ) 


158 


RECOLLECTIONS  OF  AN  OLD   PIONEER 


tall  man,  of  fine  appearance — a  most  genial,  kind,  and 
brave  spirit,  lie  had  in  his  composition  no  malice,  no 
envy,  and  no  hatred.  I  do  not  remember  ever  to  have 
heard  that  he  had  a  personal  difficulty  with  any  one.  In 
relating  his  Rocky  Mountain  adventures,  he  was  given, 
like  a  majority  of  his  comrades,  to  exaggeration. 

His  comrades  told  a  story  upon  him,  which  he  ad- 
mitted to  me  was  true.  A  party  of  them,  while  in  the 
Rocky  Mountains,  were  one  day  stopping  to  rest,  when 
they  saw  a  band  of  hostile  Indians  mounted  and  charg- 
ing down  upon  them,  at  the  distance  of  a  few  hundred 
yards.  Meek  and  his  comrades  mounted  their  animals 
in  the  hottest  haste  ;  but  the  fine  mule  Meek  was  riding 
became  sullen  and  would  not  budge.  Meek  screamed 
out,  at  the  top  of  his  voice  :  "  Boys,  stand  your  ground  ! 
We  can  whip  'em.  Stand  your  ground,  boys  !  "  But 
his  comrades  were  of  a  diiferent  opinion,  and  were  flee- 
ing from  the  Indians  as  fast  as  possible.  However,  as 
the  Indians  approached,  Meek's  mule  began  to  compre- 
hend the  situation,  changed  its  mind,  and  set  off  at  its 
utmost  speed  in  pursuit  of  its  companions.  In  a  short 
time  Meek  and  his  mule  were  alongside  of  the  fleeing 
hunters ;  and  very  soon  Meek  passed  them,  whipping 
his  mule,  and  crying  out  most  lustily  :  "  Come  on,  boys  ! 
We  can't  fight  'em  !     Come  on,  boyn !  come  on  ! " 

I  remember  a  story  Meek  told  to  myself  and  four 
others,  as  we  were  returning  from  Oregon  City  to  our 
homes  in  the  Tualatin  Plains.  He  said  that  on  one 
occasion  he  was  out  hunting  by  himself,  some  four  hun- 
dred miles  from  Brown's  Cove,  in  thp  Rocky  Mountains, 
where  his  company  were  staying,  and  that  one  night 
his  horse  escaped,  leaving  him  afoot.  He  started  on 
foot,  with  his  rifle  on  his  shoulder  ;  but  the  first  day  he 
lost  the  lock  of  his  gun,  so  that  he  could  kill  no  game. 


JOSEPH  L.  MEEK. 


159 


The  result  was,  that  he  walked  that  long  distance,  less 
fifteen  miles,  in  eight  days,  and  without  anything  to  eat 
except  one  thistle-root,  and  that  purged  him  like  medi- 
cine 1  He  said  that  toward  the  end  of  his  trip  he  would 
often  become  blind,  fall  down,  and  remain  unconscious 
for  some  time ;  then  recover,  and  pursue  his  painful 
journey.  At  last,  in  this  way,  he  reached  a  point  within 
fifteen  miles  of  Brown's  Cove,  where  one  of  his  com- 
rades happened  to  find  him,  and  took  him  into  camp. 

I  replied  :  "  That  was  a  most  extraordinary  adven- 
ture, Joe  ;  and,  while  1  don't  pretend  to  question  your 
veracity  in  the  least,  don't  you  really  think  you  might 
safely  fall  a  snake  or  two  in  the  distance?"  He  de- 
clared it  was  four  hundred  miles.  "  But,"  said  I,  "  may 
you  not  be  mistaken  in  the  time?"  lie  insisted  he 
was  only  eight  days  in  making  the  trip  on  foot.  "  But, 
Joe,"  I  continued,  *'  don't  you  think  you  may  be  mis- 
taken as  to  the  time  in  this  way  ?  When  you  had  those 
attacks  of  blindness,  fell  down,  and  then  came  to  again, 
don't  you  think  you  might  have  mistaken  it  for  a  new 
day  ?  "  He  said  he  was  not  mistaken.  "  Then,"  said  I, 
"  this  thing  of  walking  four  hundred  miles  in  eight  days, 
with  nothing  at  all  to  eat,  and  being  physicked  into  the 
bargain,  is  the  most  extraordinary  feat  ever  performed 
by  man."  He  said  no  man  could  tell  how  much  he  could 
stand  until  he  was  forced  to  try  ;  and  that  men  were  so 
healthy  in  the  Rocky  Mountains,  and  so  used  to  hard 
times,  that  they  could  perform  wonders. 

Meek  was  a  droll  creature,  and  at  times  very  slovenly 
in  his  dress.  One  day  in  summer  I  called  for  him,  sit- 
ting on  my  horse  at  his  yard-fence.  He  came  to  the  door 
and  put  his  head  out,  but  would  not  come  to  the  fence, 
because  his  pantaloons  were  so  torn  and  ragged.  He 
was  then  sheriff  ;  and  at  the  next  term  of  our  Circuit 


A    i.. 


I'M 


1    1 

1  'f 

1   § 

1^ 

1  1 

i 

m    ff 

'  1 

h  '  r 


I;  ' 


I 


IGO 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Court  I  drew  up  a  fictitious  indictment  against  him, 
charging  him  with  notorious  public  indecency  ;  had  it 
endorsed  on  the  back  :  "  People  of  Oregon  vs.  Joseph  L. 
Meek.  Notorious  Public  Indecency.  A  true  bill "  ; 
and  quietly  placed  it  among  the  real  indictments.  Very 
soon  Meek  was  looking  through  the  bundle  of  indict- 
ments, and  found  this  one  against  himself.  He,  of 
course,  supposed  it  genuine  ;  and  it  would  have  amused 
an  invalid  to  see  the  expression  of  his  face.  I  soon 
told  him  it  was  only  a  joke,  which  was  apparent  upon 
the  face  of  the  indictment,  as  it  had  not  the  signal  ures 
of  the  proper  officers. 

On  one  occasion  he  came  to  my  house,  wearing  one 
of  the  most  splendid  new  white  figured-silk  vests  that  I 
had  ever  seen,  while  the  remainder  of  his  dress  was  ex- 
ceedingly shabby.  He  was  like  a  man  dressed  in  a 
magnificent  ruffled  shirt,  broadcloth  coat,  vest,  and  pan- 
taloons, and  going  barefoot. 

The  second  or  third  year  after  my  arrival  in  Oregon, 
and  in  the  month  of  October,  before  the  rainy  season 
set  in,  I  was  about  to  start  to  Oregon  City  with  a  load 
of  wheat,  to  secure  a  winter's  supply  of  flour,  when 
Meek  asked  me  to  let  him  put  ten  bushels  in  the  wagon, 
and  he  would  go  with  me.  I  said  all  right — that  I 
would  be  at  his  place  the  next  morning  early,  with  my 
wagon  and  team,  and  for  him  to  have  his  wheat  ready. 
He  promised  ho  would.  According  to  my  promise,  I 
was  at  his  houso  by  eight  next  morning  ;  but  Meek  had 
to  run  his  wheat  through  the  fan,  and  put  it  into  the 
sacks.  The  result  was  that  I  had  to  help  him  ;  and  it 
was  ten  by  the  time  we  were  lor.ded  up.  In  a  great 
hurry,  I  asked  him  if  he  had  anytLing  to  eat,  as  I  only 
had  some  bread  in  the  wagon,  the  only  thing  I  could 
bring.     I  saw  he  was  rather  embarrassed,  and  said, 


f'l: 


JOSErn  L.   MEEK. 


101 


it 
L. 

5 

ery 
lict- 
„  of 
ised 
ioon 
ipon 
urea 


"  Have  you  any  meat  ?  "  "  No  !  "  "  Have  you  any  but- 
ter ?  "  "  No  !  "  "  What,  then,  have  you  ?  "  "  I»lenty  of 
squashes."  I  said,  "Roll  them  in."  IIo  soon  brought 
as  many  squashes  as  his  long  arms  and  I !:;  i»ands  could 
carry,  put  them  into  the  wagon,  and  we  were  off.  I 
drove  the  team  and  he  rode  his  horse. 

On  the  way  Meek  rode  ahead  of  me,  and  overtook 
Mr.  Pomeroy,  going  to  Oregon  City  with  a  wagon  loaded 
with  resh  beef.  Meek,  in  a  good-humored,  bantering 
way  said,  "  Pomeroy,  I  have  an  execution  against  you, 
and  I  can  not  let  you  take  tliat  beef  out  of  this  county.'' 
Pomeroy,  with  equal  good  humor,  replied,  "  Meek,  it  is 
a  hard  case  to  stop  a  man  on  the  way  to  market,  where 
he  can  sell  his  beef,  and  get  the  money  to  pay  his  debts." 
"Well,"  said  Meek,  "it  docs  look  a  little  hard,  but  I 
propose  a  compromise.  Burnett  and  I  will  have  nothing 
to  eat  to-night  but  bread  and  squashes.  Now,  if  you 
will  let  us  have  beef  enough  for  supper  and  breakfast,  I 
will  let  you  off."  To  neroy  laughed  and  told  Meek  to 
help  himself.  When  we  encamped  about  sundown, 
some  eight  nu'es  from  the  city,  Meek  did  help  himself 
to  some  choice  ribs  of  beef,  and  we  had  a  feast.  I  had 
had  nothing  to  eat  since  the  morning  of  that  day  but 
bread  ;  and  I  was  hungry  after  my  hard  drive.  I  roasted 
the  squashes,  and  IMeek  the  beef  ;  and  we  had  a  splendid 
supper.  I  found  this  beef  almost  equal  to  bnffalo-meat. 
We  both  ate  too  much,  and  Meek  complained  that  his 
supper  had  given  him  "  the  rotten  belches." 

I  have  already  mentioned  the  name  of  Judge  O. 
Russell  as  one  of  the  Rocky  Mountain  men.  lie  is  a 
native  of  the  State  of  Maine,  and  came  to  the  moun- 
tains when  a  young  man,  in  pursuit  of  health.  All  his 
comrades  agreed  that  he  never  lost  his  virtuous  habits, 
but  always  remained  true  to  his  principles.     lie  was 


<  i 


t 


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h'  (| 


f  ift 


1 


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!i. 


1 

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1 

H 

1 

11 

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1 

: 
i' 

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t 

162 


RECOLLECTIOXS  OF  AN  OLD  PIONEER. 


never  married.  He  was  at  one  time  one  of  the  Execu- 
tive Committee  of  our  Provisional  Government  in  Ore- 
gon, and  most  faithfully  did  he  perform  his  duty.  He 
is  a  man  of  education  and  of  refined  feelings.  After 
the  discovery  of  gold  he  came  to  the  mines,  and  has 
been  engaged  in  mining  in  El  Dorado  County,  Califor- 
nia, ever  since. 

When  in  Oregon,  he  was  occasionally  a  guest  at  my 
house,  and  would  for  hours  together  entertain  us  with  de- 
scriptions of  mountain  life  and  scenery.  His  descriptive 
powers  were  fine,  and  he  would  talk  until  a  late  hour  at 
night.  My  whole  family  were  deeply  attentive,  and  my 
children  yet  remember  the  Judge  with  great  pleasure. 
He  was  always  a  most  welcome  guest  at  my  house. 
He  did  not  tell  so  many  extraordinary  stories  as  the 
average  Rocky  Mountain  trapper  and  hunter  ;  but  those 
he  did  tell  were  true.     I  remember  one  instance. 

He  said  that  ho  nud  a  colored  man  were  out  hunting 
together  on  one  occasion,  and  wounded  a  large  grizzly 
bear.  A  grizzly  bear,  when  wounded,  will  rut;h  upon 
the  hunter  if  near  him  ;  but,  if  at  a  distance  from  the 
hunter,  the  animal  will  retire  into  thick  brush,  and 
there  conceal  himself  as  well  as  possible.  In  this  case, 
the  bear  had  crept  into  a  small  but  thick  patch  of  wil- 
lows, and  so  concealed  himself  that  the  hunters  had  to 
approach  very  near  before  they  could  obtain  a  shot. 
The  Judge  and  his  comrade,  with  loaded  and  cocked 
rifles  in  hand,  separately  approached,  on  different  sides, 
almost  to  the  edge  of  the  thicket,  when  the  grizzly,  with 
a  loud,  ferocious  cry,  suddenly  sprang  to  his  feet  and 
rushed  toward  the  Judge,  and,  when  within  a  few  feet 
of  him,  reared  u))on  his  hind  legs,  with  his  ears  thrown 
back,  his  terrible  jaws  distended,  and  his  eyes  gloaming 
with  rage.     The  Judge  said  he  knew  that  to  retreat 


i 


ROBERT  NEWELL. 


163 


was  death,  and  that  the  only  chance  was  to  make  a  sure 
shot.  With  the  accuracy  and  courage  of  a  skillful 
hunter,  he  tired  as  the  bear  stood  up,  and  gave  him  a 
fatal  shot  through  the  heart.  The  bear  fell,  and  the 
colored  man  came  up  as  pale  as  a  colored  man  ciould  be, 
and  exclaimed,  "  That  was  a  'roshus  animal  !  " 

ilobort  Newell  was  a  native  of  the  State  of  Ohio, 
and  came  to  the  Rocky  Mountains  when  a  young  man. 
lie  was  of  medium  height,  stout  frame,  and  fine  face. 
He  was  full  of  humanity,  good  will,  genial  feeling,  and 
frankness.  lie  possessed  a  reuiaikable  memory  ;  and, 
though  slow  of  speech,  his  narrations  were  most  inter- 
esting. In  his  slow,  hesitating  manner,  he  would  state 
every  minute  circumstance  in  its  own  proper  place  ;  and 
the  hearer  was  most  amply  compensate<l  in  the  end  for 
his  time  and  patience.  1  knew  him  well,  and  have  often 
listened  to  his  simple  and  graphic  description  of  inci- 
dents that  came  under  his  own  observation  while  he  was 
in  the  service  of  the  Missouri  Fur  Company.  I  remem- 
ber a  very  interesting  narration  which  I  heard  from 
him.     I  can  only  give  the  substance. 

The  hired  men  of  the  Company  were  mostly  cm- 
ployed  in  trapping  beaver  and  otter.  A  war  grew  up 
between  the  whites  and  Indians,  as  usual.  It  was  not 
desirable  to  the  Company,  and  its  manager  made  efforts 
to  secure  peace.  For  this  purpose  he  consulted  with 
Newell,  aiui  asked  him  if  he  would  be  willing  to  go  .is 
a  commissioner  to  the  Crow  Indians  to  treat  for  peace. 
Newell  consented,  upon  condition  that  he  should  only 
take  with  him  an  interpreter  and  a  cook. 

With  these  two  men  Newell  boldly  made  his  way  to 
the  Crow  camp.  The  Indian  chiefs  assembled  in  the 
council-lodge,  and  the  orator  on  the  part  of  the  tribe 
brought  in  a  bundle  of  small  sticks.     lie  commence<l 


i. ,    if 


iH 


►  ? 


I  vji 


T 

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V 

1 

f  i 

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II 

I 

11 

1 

1 

•if 

11 

lii 


4^ 


■r  III 


l1 


164 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


and  stated  an  aggressive  wrong  against  the  Crows  on 
the  part  of  the  whites,  and  demanded  for  that  a  certain 
number  of  blankets.  Having  done  this,  he  laid  aside 
one  stick,  and  then  proceeded  to  state  another  grievance 
and  to  hiy  aside  another  stick,  and  so  on  until  the  bundle 
was  exhausted.  The  number  of  these  complaints  was 
great,  and  the  amount  of  merchandise  demanded  far 
exceeded  the  ability  of  the  Company  to  pay. 

Newell  said  that,  while  this  process  was  going  on, 
he  felt  himself  almost  overwhelmed.  He  could  not 
make  a  detailed  statement  of  wrongs  committed  by  the 
Indians  against  the  whites  sufficient  to  balance  this  most 
formidable  account.  He  had  not  prepared  himself  with 
a  mass  of  charges  and  a  bundle  of  sticks  to  refresh  his 
memory.  In  this  emergency  he  determined  to  take  a 
bold,  frank  position,  and  come  directly  to  the  point  by 
a  short  and  comj)rehensive  method.  When  it  came  to 
his  turn  to  speak,  he  told  the  council  that  ho  was  sent 
a?,  th?  mere  agent  of  the  Company,  and  was  not  author- 
ized to  enter  into  any  stipulation  for  payment  to  either 
pnrty  ;  that  he  did  not  come  to  count  over  the  wrongs 
committed  in  the  past ;  that  both  ])artios  had  done 
wrong  often,  and  it  was  difficult  to  say  which  party 
had  been  oftcnest  or  most  to  blame  ;  that  he  came  to 
bury  the  past  and  stipulate  for  peace  in  the  future,  and 
wished  to  knoAv  of  them  whether  tliey  woidd  mutually 
agree  to  be  friends  for  the  time  to  come.  This  was 
the  best  possible  groxmd  to  be  taken,  and  so  pleased  the 
assembled  chiefs  that  tliey  entered  into  a  treaty  of  peace. 

But  a  very  short  time  after  this  treaty  was  n\ade, 
and  before  Newell  and  his  two  men  had  left,  a  sad  acci- 
dent occurred  that  wellnigh  cost  Newell  his  life.  <.)ne 
night,  before  bedtime,  the  cook  had  hung  a  small  kettle 
.above  the  fire  in  NewelPs  lodge,  and  had  pretty  well 


ROBERT  NEWELL. 


165 


filled  it  with  choice  pieces  of  fat  buffalo-meat,  with  in- 
tent to  have  a  feast.  After  doing  this,  the  careless 
cook  went  out,  and  the  kettle  boiled  over  ;  and  the 
first  thing  that  Newell  saw  was  the  fire  blazing  out  ai 
the  top  of  the  lodge.  When  he  first  saw  it,  he  was  at 
the  lodge  of  one  of  the  chiefs,  a  short  distance  oflF.  In 
the  hurry  and  confusion  of  the  moment,  Newell  ran  to 
his  lodge,  seized  the  kettle,  and  gave  it  a  sudden  sling, 
and  it  happened  to  strike  an  Indian  in  the  face  and 
scalded  him  terribly.  The  Indian  gave  a  loud  scream, 
which  at  once  aroused  all  the  camp.  The  excitement 
was  terrific.  The  act  could  not  be  denied,  and  the  in- 
jury was  palpable  and  most  grievous.  It  was  thought 
that  both  the  eyes  of  the  Jndian  had  been  put  out ;  and 
his  friends  and  kindred  were  vehement  and  loud  in  their 
demands  for  punishment. 

The  principal  chief  at  once  summoned  a  council  to 
consider  the  case.  The  chiefs  met  in  the  counv  il-lodgc, 
while  the  people,  including  men,  women,  and  children, 
squatted  in  front  of  the  door  leaving  a  narrow  passage 
for  the  prisoner,  with  liis  interpreter,  to  enter  the  lodge. 
Newell  said  that  as  they  passed  through  tl.is  enraged 
mass  of  people  they  exhibited  the  utmost  hatred  against 
him,  especially  the  women,  who  manifested  their  intense 
animosity  in  every  way,  by  word  and  gesture.  In  pass- 
ing by  them,  they  would  le»n  away  and  sinink  from 
him,  as  if  his  touch  was  pollution  itself. 

When  he  entered  tho  dimly  lighted  council-lodge, 
all  was  grim  and  profound  silence.  Not  a  word  was 
spoken,  nor  a  move  made,  for  some  time.  Then  one  of 
the  chiefs  commenced  howling  like  a  lar^e  wolf,  the 
imitation  being  almost  pcrit ct.  After  he  had  ceawed, 
there  was  again  profound  silence  for  some  moments  ; 
and  then  another  chief  succeasf ull  ^  miitated  the  fierce 


m 


It  ^i  I 


<♦ 
I. 


ii^^ 


'*  ■  j ,  li 


ii"i 


w 


166 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


3   1 


cry  of  the  panther  ;  aad  then,  after  another  pause,  a 
third  chief  most  energetically  imitated  the  loud  cry  of 
an  enraged  grizzly  bear.  He  said  that  he  had  never 
witnessed  a  scene  of  terror  equal  to  this.  All  the  chiefs, 
except  the  principal  one,  seemed  to  be  his  enemies.  He 
thought  his  chance  of  escape  exceedingly  small. 

The  head  chief  was  an  old  man,  of  superior  native 
intellect,  and,  though  uneducated,  he  understood  human 
nature,  lie  seemed  to  comjjrehend  the  case  well.  He 
could  see  no  malicious  motive  for  the  act.  He  told 
Newell  to  state  the  facts  to  the  council  truly,  and  he 
thought  there  might  bo  some  hope  for  him. 

Newell,  through  his  interpreter,  stated  to  them  all 
the  facts  as  they  occurred  ;  and  this  just  statement  and 
Neweirs  honest  and  manly  face  and  frank  manner  had 
a  great  effect  upon  the  principal  members  of  the  council. 
It  was  also  found  that  the  poor  Indian  had  not  been  so 
severely  hurt  as  at  first  supposed,  and  that  his  sight  was 
not  totally  destroyed.  The  council  sat  nearly  all  night, 
and  then  decided  to  postpone  the  case  until  time  should 
show  the  extent  of  tke  injury.  In  ihe  mean  time  Newell 
and  his  comjjanioiis  were  not  allowed  to  depart,  but 
were  to  be  detained  until  the  case  should  be  finally  de- 
cided. 

But  another  painful  incident  soon  occurred,  that 
seriously  imperiled  their  Ijves. 

One  day  an  Indian  horseman  was  seen  approaching 
the  camp  rapidly;  and,  when  within  some  hundred  yards, 
he  dismounted,  rolled  up  his  buffalo-robe,  took  hold  of 
one  end  of  the  roll,  and  slowly  and  solemnly  swung  it 
around  his  heud  several  times ;  then  he  folded  it  up, 
and  sat  upon  it,  and  brought  both  his  open  hands  slowly 
down  his  face  several  times  in  succession.  The  Indians 
in  camp  at  once  understood  the  sad  significanijo  of  these 


ARRIVED  AT  WIND  RIVER  MOUNTAIN. 


167 


signs.  They  knew  that  ho  was  a  messenger  sent  to  in- 
form them  that  the  small-pox  had  broken  out  at  another 
camp  of  their  tribe.  He  would  not  come  near,  for  fear 
of  communicating  the  disease  to  them. 

Newell  said  tliat  he  had  never  witnessed  such  a  scene 
of  sorrow  as  this.  The  women  and  children  filled  the 
camp  with  their  loud  wauings  and  bitter  lamentations  ; 
aud  despair  sat  upon  the  countenances  of  the  men.  The 
Indians  were  now  more  fiercely  hostile  than  ever,  be- 
cause they  believed  that  this  terrible  scourge,  far  worse 
to  them  than  war  itself,  had  been  introduced  by  the 
trappers.  They  knew  that  this  fell  disease  was  never 
heard  of  in  their  country  until  white  men  appeared 
among  them.  They  thronged  around  Newell  and  his 
comrades,  and  it  seemed  that  they  would  slaughter  them 
outright. 

But  the  old  chief  was  equal  to  the  occasion.  He  at 
once  mounted  his  horse  and  rode  through  the  camp, 
saying  to  all  that  it  was  useless  to  weep  and  lament, 
and  ordering  the  people  to  pack  up  at  once  and  be  ofE 
for  the  Wind  River  Mountain.  This  order  was  instant- 
ly obeyed  ;  the  cries  and  lamentations  at  once  ceased  ; 
and  Newell  said  he  never  saw  lodges  so  quicklj'  taken 
down  and  packed  up  as  he  did  on  this  occasion.  In  less 
than  one  hour  the  whole  camp  was  on  the  march  to  the 
place  mentioned.  In  due  time  they  arrived  safely  at 
the  Wind  River  Mountain,  where  the  sky  was  clear,  the 
climate  cool  and  healthy,  and  game  abundant.  It  being 
in  midsummer,  the  deer  had  followed  up  the  melting 
snows  to  crop  the  fresh  grass  as  soon  as  it,  sprang  up 
just  below  the  snow-line,  and  to  be  in  a  cool  Htmosphere, 
where  the  flies  would  not  torment  them.  Here  the  In- 
dians recovered  from  their  alarm  and  excitement.  Not 
a  case  of  small-pox  appeared  in  camp.    All  were  healthy 


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168 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


and  had  plenty  to  eat.  The  poor  fellow  that  was  scalded 
recovered  in  this  healthy  locality,  and  was  not  so  serious- 
ly injured  as  was  at  first  supposed.  Newell  became 
popular  with  the  Indians,  and  they  at  last  let  him  depart 
in  peace. 

THB    PROVISIONAL    GOVERNMENT. 

Soon  after  my  arriAf^al  at  Linnton,  I  was  consulted  as 
to  the  right  of  the  people  of  Oregon  to  organize  a  pro- 
visional government.  At  first  I  gave  my  opinion  against 
it,  thinking  we  had  no  such  right ;  but  a  few  weeks' 
reflection  satisfied  me  that  we  had  such  right,  and  that 
necessity  required  us  to  exercise  it.  Communities,  as 
well  as  individuals,  have  the  natural  right  of  self-de- 
fense ;  and  it  is  upon  this  ground  that  the  right  to  in- 
stitute governments  among  men  must  ultimately  rest. 
This  right  of  self-preservation  is  bestowed  upon  man  by 
his  Creator. 

We  found  ourselves  placed  in  a  new  and  very  em- 
barrassing position.  The  right  of  sovereignty  over  the 
country  was  in  dispute  between  the  United  States  and 
Great  Britain,  and  neither  country  could  establish  any 
government  over  us.  Our  community  was  composed  of 
American  citizens  and  British  subjects,  occupying  the 
same  country  as  neighbors,  with  all  their  respective 
national  prejudices  and  attachments,  and  so  distant  from 
the  mother-countries  as  to  be  to  a  great  extent  beyond 
the  reach  of  home  influences.  We  had,  therefore,  a  dif- 
ficult population  to  govern  ;  but  this  fact  only  rendered 
government  the  more  necessary. 

We  also  found,  by  actual  experiment,  that  some  po- 
litical government  was  a  necessity/.  Though  political 
government  be  imperfect,  it  is  still  a  blessing,  and  ne- 
cessary for  the  preservation,  of  the  race.     Without  it. 


THE  PROVISIONAL  GOVERNMENT. 


169 


the  strongest  and  most  reckless  characters  in  the  com- 
munity would  be  tyrants  over  the  others.  The  theory 
of  the  wandering  savage,  to  leave  the  kindred  of  the 
murdered  victim  to  revenge  his  death,  would  not  answer 
for  a  civilized  race  of  men.  The  weak  and  timid,  the 
peaceful  and  conscientious,  and  those  who  had  no  kin- 
dred, could  not  be  protected  under  such  a  theory.  With- 
out any  law  but  that  of  individual  self-defense,  we  found 
it  impossible  to  get  along  in  peace.  When  a  person 
died,  the  worst  characters  could  seize  upon  his  estate 
under  some  pretense  or  other,  and  defeat  the  just  rights 
of  defenseless  heirs.  So  long  as  these  violent,  bad  men 
had  only  to  meet  and  overcome  single  individuals,  they 
had  no  fears.  It  is  only  when  the  combined  force  of  a 
whole  community  is  brought  to  bear  upon  these  despera- 
does that  they  can  be  eflfectually  kept  in  order. 

As  we  could  not,  with  any  exact  certainty,  anticipate 
the  time  when  the  conflicting  claims  of  the  two  contend- 
ing governments  would  be  settled,  we  determined  to  or- 
ganize a  provisional  government  for  ourselves.  In  this 
undertaking  our  British  neighbors  ultimately  joined  us 
with  good  will,  and  did  their  part  most  faithfully,  as 
did  our  American  citizens. 

I  was  a  member  of  the  "  Legislative  Committee  of 
Oregon  "of  1844.  It  was  composed  of  nine  members 
elected  by  the  people,  and  consisted  of  only  one  House. 
Ihe  year  before,  the  people  of  Oregon  had  substantially 
organized  a  provisional  government ;  but  the  organiza- 
tion was  imperfect,  as  is  necessarily  the  case  in  the  be- 
ginning of  all  human  institutions.  We  improved  upon 
their  labors,  and  our  successors  improved  upon  ours. 

Our  Legislative  Committee  held  two  sessions,  one  in 
June  and  the  other  in  December  of  that  year,  each  ses- 
sion lasting  only  a  few  days.    In  our  then  condition,  we 


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170 


RECOLLECTIONS  OF  AX  OLD  PIOXEER. 


had  but  little  time  to  devote  to  public  business.  Our 
personal  needs  were  too  urgent,  and  our  time  too  much 
occupied  in  making  a  support  for  our  families.  Our 
legislation,  however,  was  ample  for  the  time.  There 
was  then  no  printing  cstablitshment  in  Oregon.  We 
[tassed  an  act  in  relation  to  land  claims,  the  first  sec- 
tion of  which  provided  that  "all  persons  who  have 
heretofore  made,  or  shall  hereafter  make  permanent  im- 
provements upon  a  j)lac'e,  with  a  fjonu  Jidc  intention  of 
occupying  and  holding  the  same  for  himself,  and  shall 
continue  to  occupy  and  cultivate  the  same,  shall  be  en- 
titled to  hold  six  hundred  and  forty  acres,  and  shall  hold 
only  one  claim  at  the  same  time  ;  provided,  a  man  may 
hold  town  lots  in  addition  to  his  claim."  The  seventh 
and  last  section  gave  all  persons  complying  with  the 
provisions  of  the  act  "  the  remedy  of  forcible  entry  and 
detainer  against  intruders,  and  the  action  of  trespass 
against  trespassers."  This  act  was  passtnl  June  25, 
1844.  It  will  be  seen  that  the  remedy  against  intruders 
was  simple,  cheap,  quick,  and  ciiicient,  and  well  adapted 
to  existing  circumstances. 

Hy  an  act  passed  June  27,  1844,  the  executive  power 
was  vested  in  a  single  person,  to  be  elected  at  the  then 
next  annual  election  by  the  people,  and  at  the  annual 
election  to  be  held  every  two  years  thereafter,  to  hold 
his  office  for  the  term  of  two  years,  and  receive  an  an- 
nual salary  of  three  hun<lred  dollars.  Hy  the  same  act 
the  judicial  power  was  vested  in  the  circuit  courts  and 
in  justices  of  the  peace  ;  and  the  act  provided  that  one 
judge  should  be  elected  by  the  qualified  voters  at  the 
annual  election,  who  should  hold  his  office  for  one  year, 
and  whoso  duty  it  was  to  hold  two  terms  of  the  Circuit 
Court  in  each  county  every  year  ;  and  for  his  services 
he  should  receive  an  annual  salary  of  five  hundred  dol- 


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THE  PROVISIONAL  GOVERNMENT. 


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lars,  and  also  legal  fees  for  probate  business.  By  the 
same  act  the  legislative  power  was  vested  in  a  House  of 
Representatives,  composed  of  members  elected  annually 
by  the  people. 

The  first  section  of  the  third  article  of  the  same 
act  was  as  follows  : 

Section  1.  All  tlio  statute  laws  of  Iowa  Territory  passed 
at  the  first  session  of  the  Legislative  Assembly  of  said  Terri- 
tory, and  not  of  a  local  cliaracter,  and  not  incomi)atible  with 
the  condition  and  circumstances  of  this  country,  shall  ho  the 
law  of  this  government,  unless  otherwise  modified ;  and  the 
common  law  of  England  and  jjrinciples  of  equity,  not  modified 
by  the  statutes  of  Iowa  or  of  this  government,  and  not  incom- 
patible with  its  principles,  shall  constitute  a  part  of  the  law  of 
this  land. 

Article  V.  was  in  these  words : 

Section  1.  All  officers  shall  bo  elected  by  the  people  once  a 
year,  unless  otherwise  provided,  at  a  general  election  to  be  held 
in  each  county  on  the  first  Tuesday  in  June  in  each  year,  at 
such  places  as  shall  be  designated  by  the  Judge  of  the  Circuit 
Court. 

Seo.  2.  As  many  justices  of  the  peace  and  constables  shall 
be  elected  from  time  to  time  as  shall  bo  doomed  necessary  by 
the  Circuit  Court  of  each  county. 

The  seventh  article  fixed  the  time  of  holding  the 
terms  of  the  circuit  courts  in  the  several  counties,  and 
gave  the  judge  the  power  to  designate  the  several  places 
of  holding  said  terms  by  giving  one  month's  notice 
thereof. 

We  also  passed  on  June  21th  an  act  consisting  of 
eight  sections,  prohibiting  the  importation,  distillation, 
sale,  and  barter  of  ardent  spirits.  For  every  sale  or 
barter  the  offender  was^  to  pay  a  fine  of  twenty  dol- 


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172 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


lars  ;  and  for  establishing  or  carrying  on  a  distillery  the 
offender  was  subject  to  bo  indicted  before  the  Circuit 
Court  as  for  a  nuisance,  and,  if  convicted,  to  a  fine  of 
one  hundred  dollars  ;  and  it  was  made  the  duty  of  the 
court  to  issue  an  order  directing  the  sheriff  to  seize  and 
destroy  the  distilling  apparatus,  which  order  the  sheriff 
was  bound  to  execute. 

On  June  22d  an  act  containing  twenty-six  sections 
was  passed  concerning  roads  and  highways.  On  De- 
cember 24th  an  act  was  passed  allowing  the  voters  of 
Oregon  at  the  annual  election  of  1845  to  give  their 
votes  for  or  against  the  call  of  a  convention. 

The  following  act  in  relation  to  Indians  was  passed 
December  23d  : 

Whereas,  The  Indians  inhabiting  this  country  are  rapidly  di- 
minishing, being  now  mere  remnants  of  once  powerful  tribes, 
now  disorganized,  without  government,  and  so  situated  that  no 
treaty  can  be  regularly  made  with  them  ; 

And  ichereas,  By  an  act  passed  in  July,  1843,  this  govern- 
ment has  shown  its  humane  policy  to  protect  the  Indians  in 
their  rights ; 

And  whereas,  The  Indians  are  not  engaged  in  agriculture, 
and  have  no  use  for  or  right  to  any  tracts,  portions,  or  parcels 
of  land,  not  actually  occupied  or  used  by  them ;  therefore, 

Be  it  enacted  by  the  Legislative  Committee  of  Oregon  as  fol- 
lows : 

Section  1.  That  the  Indians  shall  be  protected  in  the  free 
use  of  such  pieces  of  vacant  land  as  they  occupy  with  their 
villages  or  other  improvements,  and  such  fisheries  as  they  have 
heretofore  used. 

Sko.  2.  That  the  executive  power  be  retjUired  to  see  that 
the  laws  in  regard  to  Indians  be  faithfully  exocutcd;  and  that 
whenever  the  laws  shall  be  violated,  the  said  Executive  shall  bo 
empowered  to  bring  suit  in  the  name  of  Oregon  against  such 
wrong-doer  in  the  courts  of  the  country. 


«p 


THE  PROVISIONAL  GOVERNMENT. 


1Y3 


An  act  was  passed  on  June  27th  fixing  the  number 
of  members  of  the  next  House  of  Representatives  at 
thirteen,  and  apportioning  the  representation  among  the 
then  five  counties  of  Oregon. 

All  necessary  local  bills  were  passed,  and  our  little 
government  was  put  into  practical  and  successful  opera  ■ 
tion.  Having  adopted  the  general  statutes  of  Iowa  and 
the  common  law,  we  had  a  provision  for  every  case 
likely  to  arise  in  so  small  a  community. 

At  first,  the  great  difficulty  was  to  make  our  little 
government  efficient.  Our  people  honestly  differed  very 
much  in  their  views  as  to  our  right  to  institute  govern- 
ment. In  1843  there  were  fifty-two  affirmative  and  fifty 
negative  votes.  There  were  so  many  of  our  people  who 
were  conscientiously  opposed  to  the  organization  of  any 
government  that  we  found  it  a  delicate  matter  to  use 
force  against  men  whose  motives  we  were  sure  were 
good.    Still,  government  had  to  be  practically  enforced. 

Joseph  L.  Meek  was  selected  in  May  or  July,  1843, 
for  sheriff.  He  was  the  very  man  for  the  position.  He 
was  both  as  brave  and  as  magnanimous  as  the  lion.  Do 
his  duty  he  would,  peacefully  if  possible,  but  forcibly  if 
he  must.  If  we  had  selected  a  timid  or  rash  man  for 
sheriff,  we  must  have  failed  for  a  time.  To  be  a  gov- 
ernment at  all,  the  laws  must  be  enforced. 

Meek  soon  had  his  courage  fully  tested.  A  stout 
carpenter  named  Dawson  was  engaged  in  a  fight  in  the 
winter  of  1843-'44,  and  a  warrant  was  at  once  issued 
for  his  arrest,  and  placed  in  Meek's  hands  to  be  exe- 
cuted. Dawson  was  no  doubt  of  opinion  that  we  had  no 
right  to  organize  and  enforce  our  government.  Meek 
went  to  Dawson's  shop,  where  ho  was  at  work  at  his 
bench  with  a  jack-plane.  Meek  walked  in,  and  said 
laughingly,  "  Dawson,  I  came  for  you."    Dawson  re- 


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174 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


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plied  that  Meek  had  come  for  the  wrong  man.  Meek, 
still  laughing,  said  again,  "  I  came  for  you,"  and  was 
about  to  lay  his  hands  on  Dawson,  when  the  latter  drew 
back  with  his  jack-plane  raised  to  strike.  But  Meek 
was  not  only  stout,  but  active  and  brave  ;  and,  seizing 
the  plane,  he  wrested  it  by  force  from  Dawson.  Daw- 
son at  once  turned  around  and  picked  up  his  broad-axe; 
but  the  moment  he  faced  Meek,  he  found  a  cocked  pis- 
tol at  his  breast.  Meek,  still  laughing,  said ;  "  Dawson, 
I  came  for  you.  Surrender  or  die  !  "  Very  few  men 
will  persist  under  such  circumstances  ;  and  Dawson, 
though  as  brave  as  most  men,  began  to  cry,  threw  down 
his  broad-axe,  and  went  with  Meek  without  further  ob- 
jection. Dawson  declared  that,  as  he  had  to  submit, 
every  other  man  must  ;  and  he  was  no  longer  an  enemy 
of  our  government. 

This  intrepid  performance  of  his  official  duty  so  es- 
tablished Mcek's  character  for  true  courage  in  the  exer- 
cise of  his  office  that  he  had  little  or  no  trouble  in  the 
future  ;  and  the  authority  of  our  little  government  was 
thus  thoroughly  established. 


CONDITION    OF    THE    PEOPLE — HARDSHIPS    ENDURED    BY 
THE    EARLY    SETTLERS. 

"We  were  a  small,  thinly-settled  community,  poor, 
and  isolated  from  the  civilized  world.  By  the  time  we 
reached  the  distant  shores  of  the  Pacific,  after  a  slow, 
wearisome  journey  of  about  two  thousand  miles,  our 
little  means  were  exhausted,  and  wo  had  to  begin  life 
anew,  in  a  new  country.  The  wild  game  in  Oregon  was 
scarce  and  poor.  The  few  deer  that  are  found  there  sel- 
dom become  fat.  The  wild  fowl  were  plentiful  in  the 
winter,  but  they  constituted  an  uncertain  reliance  for 


CONDITION  OF  TUE  PEOPLE. 


175 


families  settled  some  distance  from  their  usual  places  of 
resort.  Besides,  we  had  no  time  to  hunt  them,  and  the 
weather  wa,:>  generally  too  wet  to  admit  of  it.  Had  the 
country  contained  the  same  amount  and  variety  of  wild 
game,  wild  fruits,  and  honey  as  were  found  in  the  West- 
em  States  at  an  early  day,  our  condition  would  have 
been  better.  But  the  only  wild  fruits  we  found  were  a 
variety  of  berries,  such  as  blackberries,  raspberries, 
strawberries,  blueberries,  and  cranberries,  which  were 
not  only  abundant  but  of  excellent  quality.  We  only 
found  one  nut  in  the  country,  and  that  was  the  hazelnut 
in  small  quantities.  There  were  no  wild  grapes  or 
plums,  and  no  honey. 

For  the  first  two  years  after  our  arrival  the  great  dif- 
ficulty was  to  procure  provisions.  Tlie  population  being 
so  much  increased  by  each  succeeding  fall's  immigra- 
tion, provisions  were  necessarily  scarce.  T^ose  who  had 
been  there  for  two  years  had  plenty  to  eat ;  but  after 
that  the  great  trouble  was  to  procure  clothing,  there  be- 
ing no  raw  materials  in  the  country  from  which  domes- 
tic manufactures  could  be  made.  We  had  no  wool,  cot- 
tO't,  or  flax. 

But,  after  we  had  grown  wheat  and  raised  pork  for 
sale,  we  had  new  difficulties  in  our  way.  Our  friends 
were  arriving  each  fall,  with  jaded  teams,  just  about  the 
time  the  long  rainy  season  set  in.  The  community  was 
divided  into  two  classes,  old  settlers  and  new,  whose 
views  and  interests  clashed  very  much.  Many  of  the 
new  immigrants  were  childish,  most  of  them  discour- 
aged, and  all  of  them  more  or  less  embarrassed.  Upon 
their  arrival  they  found  that  those  of  us  who  preceded 
them  had  taken  up  the  choice  locations,  and  they  were 
compelled  either  to  take  those  that  were  inferior  in 
quality  or  go  farther  from  ship  navigation. 


«  '  ■  ^'f 


176 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


There  was  necessarily,  under  the  circumstances,  a 
great  hurry  to  select  claims  ;  and  the  new-comers  had 
to  travel  over  the  country,  in  the  rainy  season,  in  search 
of  homes.  Their  animals  heing  poor,  they  found  it  dif- 
ficult to  get  along  as  fast  as  they  desired.  Many  causes 
combined  to  make  them  unhappy  for  the  time  being. 
The  long  rainy  seasons  were  new  to  them,  and  they  pre- 
ferred the  snow  and  frozen  ground  to  the  rain  and  mud. 
There  were  no  hotels  in  the  country,  as  there  was  no- 
thing wherewith  to  pay  the  bills.  The  old  settlers  had 
necessarily  to  throw  open  their  doors  to  the  new  immi- 
grants, and  entertain  them  free  of  charge.  Our  houses 
were  small  log-cabins,  and  our  bedding  was  scarce.  The 
usual  mode  of  travel  was  for  each  one  to  carry  his  blan- 
kets with  him,  and  sleep  upon  the  puncheon-floor.  Our 
families  were  often  overworked  in  waiting  upon  others, 
and  our  provisions  vanished  before  the  keen  appetites  of 
our  new  guests.  "  They  bred  a  famine  wherever  they 
went." 

As  illustrative  of  the  then  condition  of  things,  I  will 
relate  an  incident  which  I  had  from  good  authority. 
An  old  acquaintance  of  mine,  whom  I  had  known  in 
Missouri,  came  to  Oregon  in  1844,  and  selected  a  claim 
on  the  outskirts  of  the  settlements.  He  was  a  man  of 
fair  means,  and  had  a  large  family.  His  place  was  upon 
the  mainly  traveled  route  which  led  to  the  valleys  above 
and  beyond  him.  The  consequence  was,  that  he  was 
overwhelmed  with  company.  He  had  to  travel  many 
miles  to  secure  his  supplies,  and  had  to  transport  them, 
especially  in  winter,  upon  pack-animals.  He  was  a  man 
of  very  hospitable  disposition  ;  but  the  burden  was  so 
great  that  he  concluded  he  could  not  bear  it.  The  trav- 
elers would  eat  him  out  of  house  and  home.  He  deter- 
mined, under  the  severe  pressure  of  these  circumstances, 


HARDSniPS  EXDUEED  BY   THE  EAPLY  SETTLERS.   177 

to  put  up  an  hotel-sign.  He  went  into  the  woods,  cut 
down  a  tree,  split  out  a  slab  some  two  feet  long  and  one 
foot  wide,  shaved  it  off  smooth  on  both  sides  with  his 
drawing-knife,  and  wrote  upon  it  with  charcoal,  "  Enter- 
tainment," and  swung  it  upon  a  pole  before  his  door. 
The  result  was,  that  travelers  passed  by  without  stop- 
ping, as  they  had  naught  wherewith  to  pay,  and  were 
too  honest  to  pretend  to  be  able.  My  friend  said  that 
for  two  months  he  had  the  greatest  relief.  His  stock 
of  provisions  lasted  much  longer,  and  he  was  quite  easy 
in  his  circumstances.  But  at  the  end  of  the  two  months 
he  began  to  be  lonesome  ;  and  by  the  time  the  third 
month  had  passed  he  became  so  lonely  that  he  took  down 
the  sign,  and  after  that  he  had  plenty  of  company. 

Our  new  immigrants  not  only  grumbled  much  about 
the  country  and  climate  in  general,  but  had  also  much 
to  say  against  those  of  us  who  had  written  back  to  our 
friends,  giving  them  a  description  of  the  country.  In 
the  winter  of  1843-^44  I  had,  while  at  Linnton,  written 
some  hundred  and  twenty-five  foolscap  pages  of  manu- 
script, giving  a  description  of  the  journey  and  of  the 
country  along  the  route,  as  well  as  of  Oregon.  I  had 
stated  the  exact  truth,  to  the  best  of  my  knowledge,  in- 
formation, and  belief;  and  my  communications  were 
published  in  the  "  New  York  Herald,"  and  were  exten- 
sively read,  especially  in  the  Western  States.  I  there- 
fore came  in  for  my  full  share  of  censure.  They  ac- 
cused me  of  misrepresentation. 

In  a  letter  I  wrote  on  the  Sweetwater,  a  tributary  of 
the  North  Fork  of  the  Platte,  I  stated  that,  up  to  that 
point,  the  road  we  had  traveled  was  the  finest  natural 
route,  perhaps,  in  the  world.  Without  any  regard  to 
the  place  from  which  the  letter  bore  date,  they  construed 
it  as  a  description  of  the  entire  route.     Consequt^ntly, 


n 


1  I  I 


I*- 


^1, 


i. 


i  ■   r 


i\\ 


i 


r  .  j 

liif 


J  ill 'I 


II 


178 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


whenever  they  came  to  any  very  bad  road,  they  would 
most  commonly  say,  "This  is  more  of  Burnett's  fine 
road." 

In  my  communications  published  in  the  "  Herald,"  I 
gave  as  much  statistical  information  as  I  could  well  do, 
giving  the  prices  of  most  kinds  of  personal  property  ; 
and,  among  other  articles  mentioned,  I  stated  that  feath- 
ers were  worth  37^  cents  a  pound.  Two  or  three  years 
afterward,  the  demand  having  increased  faster  than  the 
supply,  the  price  went  up  to  62^  cents.  I  was  therefore 
accused  of  misrepresentation  in  this  case.  They  would 
say :  "  Now,  Burnett,  here  is  a  plain  case.  You  said 
feathers  were  worth  37^^  cents,  and  we  find  them  worth 
G3^."  I  would  answer  :  "That  seems  to  be  too  plain  a 
case  even  for  a  lawyer  to  get  around  ;  yet  I  have  this 
to  say,  that  I  did  not  assume  to  act  the  prophet,  but 
only  the  historian.  I  told  you  what  the  price  then  was, 
and  not  what  it  would  be  two  or  three  years  later." 

I  remember  that  on  one  occasion,  in  passing  a  house 
late  in  the  fall,  I  saw  that  a  new  immigrant  family  occu- 
pied it,  from  the  fact  that  it  had  previously  stood  a  acont ; 
and  I  determined  to  call.  The  lady  told  me  the  name 
of  the  State  from  which  they  came,  gave  me  other  par- 
ticulars in  regard  to  the  family,  and  asked  me  how  long 
I  had  been  in  the  country.  Finally  she  inquired  for  my 
name  ;  and,  when  I  told  her  it  was  Burnett,  she  said  : 
"  We  abused  you  a  great  deal  on  the  road.  I  suppose 
we  ought  not  to  have  done  it,  but  we  did  do  it."  I 
could  not  but  laugh,  there  was  such  perfect  frankness 
in  her  statement.  It  was  the  whole  truth,  and  no  more. 
I  said  to  her  :  "  Madam,  that  makes  no  diflference.  On 
a  trip  like  that  some  one  must  be  abused,  and  it  is  well 
to  be  some  one  who  is  not  present." 

I  made  it  a  rule  never  to  become  irritated,  and  never 


jver 


UARDSHIPS  ENDURED  BY  THE  EARLY  SETTLERS.  179 

to  enter  into  any  heated  discussion  with  them  in  refer- 
ence to  the  country  or  the  journey  to  it.  My  usual  plan 
was  to  listen  kindly  to  their  complaints.  They  often 
declared  that  the  country  was  so  poor  they  would  re- 
turn to  their  former  homes.  In  such  cases  I  would 
good-humoredly  reply  that  "  misery  loved  company  ; 
that  we  found  ourselves  in  a  bad  fix,  and  wanted  our 
friends  to  come  here  to  comfort  us ;  that,  as  to  their 
going  back,  it  was  out  of  the  question ;  that,  if  the  coun- 
try was  as  poor  as  they  supposed,  they  would  never  be 
able  to  get  back  ;  and,  if  it  was  not  so  bad  as  they  be- 
lieved, they  would  not  wish  to  return  ;  and  that,  any- 
how, we  had  them  just  where  we  wanted  them  to  be, 
and  they  had  better  make  up  their  minds  to  stand  it." 

At  any  public  gathering,  it  was  easy  to  distinguish 
the  new  from  the  old  settlers. 

They  were  lank,  lean,  liungry,  and  tough ; 
We  were  ruddy,  ragged,  and  rough. 

They  were  dressed  in  broadcloth,  and  wore  linen- 
bosomed  shirts  and  black  cravats,  while  we  wore  very 
coarse,  patched  clothes  ;  for  the  art  of  patching  was 
understood  to  perfection  in  Oregon.  But,  while  they 
dressed  better  than  we  did,  we  fed  better  than  they. 
Of  the  two,  we  were  rather  the  more  independent. 
They  wanted  our  provisions,  while  we  wanted  their 
materials  for  clothing.  They,  seeing  our  ragged  condi- 
tion, concluded  that  if  they  parted  with  their  jeans, 
satinets,  cottons,  and  calicoes,  they  would  soon  be  as 
destitute  as  we  were  ;  and  therefore  they  desired  to 
purchase  our  provisions  on  credit,  and  keep  their  mate- 
rials for  future  use.  This  plan  did  not  suit  us  precisely. 
We  reasoned  in  this  way  :  that,  if  they  wished  to  place 
themselves  in  our  ruddy  condition,  they  should  incur 
9 


n 
'','■  ' 

,1 ', 

>  ^1 

.   'j 

l. 


fi. 


'*■  1 


i\i 


i'l;/ 


4  :     *<fl 


w 


! 


i  'i 


r'  r 

i 


(1 


I  '1 


il 


f  iii 


^  If' 


180 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


the  risk  of  passing  into  our  ragged  state — they  should 
take  the  good  and  bad  together.  We  therefore  insist- 
ed upon  an  exchange.  After  much  grumbling  on  their 
part,  the  parties  ultimately  came  to  an  agreement.  But 
in  many  cases  the  new  immigrants  had  nothing  to  give 
in  exchange,  and  we  had  to  sell  to  thorn  on  credit. 

I  remember  that  a  new  immigrant  purchased  a  place 
in  my  neighborhood  one  fall,  and  in  the  succeeding 
month  of  June  came  to  my  house  and  asked  me  if  I  had 
any  wheat  in  my  garner.  I  told  him  I  had,  but  I  was 
compelled  to  purchase  some  clothing  for  my  family, 
and  my  wheat  was  the  only  thing  I  had  with  which  I 
could  pay  for  the  articles  we  required  ;  that  I  could  not 
see  how  we  could  do  without,  or  how  else  to  obtain 
them.  He  said  his  wife  and  children  were  without  any- 
thing to  eat,  and  that  he  had  a  good  growing  crop,  and 
would  give  me  three  bushels  after  harvest  for  every 
bushel  I  would  let  him  have  now.  I  could  not  with- 
stand such  an  appeal,  and  said  I  would  furnish  him 
with  the  wheat,  and  would  only  require  the  same  quan- 
tity after  harvest. 

But  the  state  of  discontent  on  the  part  of  the  new 
immigrants  was  temporary,  and  only  lasted  during  the 
winter.  In  the  spring,  when  the  thick  clouds  cleared 
away,  and  the  grass  and  flowers  sprang  up  beneath  the 
kindling  rays  of  a  bright  Oregon  sun,  their  spirits  re- 
vived with  reviving  nature  ;  and  by  the  succeeding  fall 
they  had  themselves  become  old  settlers,  and  formed  a 
part  of  us,  their  views  and  feelings,  in  the  mean  time, 
having  undergone  a  total  change. 

It  was  interesting  to  observe  the  influence  of  new 
circumstances  upon  human  character.  Among  the  men 
who  went  to  Oregon  the  year  I  did,  some  were  idle, 
worthless  young  men,  too  lazy  to  work  at  home,  and  too 


UARDSnirS   ENDURED  BY   THE  EARLY  SETTLERS.  181 


U   '! 


f  new 
le  men 
idle, 
nd  too 


genteel  to  steal  ;  while  some  others  were  gamblers,  and 
others  were  reputed  thieves.  But  when  they  arrived 
in  Oregon  they  were  compelled  to  work  or  starve.  It 
was  a  dire  necessity.  There  were  there  no  able  rela- 
tives or  indulgent  friends  upon  whom  the  idle  could 
quarter  themselves,  and  there  was  little  or  nothing  for 
the  rogues  to  steal ;  and,  if  they  could  steal,  there  was 
no  ready  way  by  which  they  could  escape  into  another 
community,  and  they  could  not  conceal  themselves  in 
Oregon.  I  never  saw  so  fine  a  population,  as  a  whole 
community,  as  I  saw  in  Oregon  most  of  the  time  while 
I  was  there.  They  were  all  honest,  because  there  was 
nothing  to  steal ;  they  were  all  sober,  because  there 
was  no  liquor  to  drink  ;  there  were  no  misers,  because 
there  was  no  money  to  hoard  ;  and  they  were  all  indus- 
trious, because  it  was  work  or  starve. 

In  a  community  so  poor,  isolated,  and  distant,  we 
had  each  one  to  depend  upon  his  own  individual  skill 
and  labor  to  make  a  living.  My  profession  was  that  of 
the  law,  but  there  was  nothing  in  my  line  worth  attend- 
ing to  until  some  time  after  my  arrival  in  Oregon.  I 
was  therefore  compelled  to  become  a  farmer.  But  I 
had  not  only  to  learn  how  to  carry  on  a  farm  by  my 
own  labor,  but  I  had  to  learn  how  to  do  many  other 
necessary  things  that  were  difficult  to  do.  It  was  most 
difficult  to  procure  shoes  for  myself  and  family.  The 
Hudson's  Bay  Company  imported  its  supply  of  shoes 
from  England,  but  the  stock  was  wholly  inadequate  to 
our  wants,  and  we  had  no  money  to  enable  us  to  pay 
for  them  ;  and  as  yet  there  were  no  tan-yards  in  opera- 
tion. One  was  commenced  in  my  neighborhood  in  1844, 
but  the  fall  supply  of  leather  was  only  tanned  on  the 
outside,  leaving  a  raw  streak  in  the  center.  It  was  un- 
dressed, not  even  curried.     Out  of  this  material  I  made 


tr  t  f 


mw' 


m 


182 


RECOLLECTIONS  OF  AN  OLD  PIONEER, 


shoes  for  myself,  my  eldest  son,  and  a  young  hired  man 
who  was  then  living  with  me.  To  keep  the  shoes  soft 
enough  to  wear  through  the  day,  it  was  necessary  to 
soak  them  in  water  at  night. 

My  father,  in  the  early  settlement  of  Missouri,  was 
accustomed  to  tan  his  own  leather,  and  make  the  shoes 
for  the  family.  In  my  younger  days  he  had  taught  me 
how  to  do  coarse  sewed  work.  But  now  I  had  to  take 
the  measure  of  the  foot,  make  the  last,  fit  the  patterns 
to  the  last,  cut  out  the  leathers,  and  make  the  shoe.  I 
had  no  last  to  copy  from,  never  made  one  before,  and 
had  no  one  to  show  me  how.  I  took  the  measures  of 
all  the  family,  and  made  what  I  supposed  to  be  eight 
very  nice  lasts  ;  and  upon  them  I  made  the  shoes,  using 
tanned  deer-skin  for  the  females  and  small  boys.  The 
shoes  were  not  beauti  il,  nor  all  comfortable,  as  they 
were  not  all  good  fits. 

In  the  fall  of  1846  my  brother  William  came  to  Ore- 
gon, and  afterward  lived  with  me  about  nine  months. 
He  was  a  good  mechanical  genius,  and  could  do  well 
almost  any  kind  of  work.  He  could  make  a  splendid 
last  and  a  good  boot.  One  day  I  showed  him  my  lasts. 
He  was  too  generous  to  wound  the  feelings  of  his  elder 
brother  by  criticising  his  poor  work.  He  said  not  a 
word,  but  in  a  few  days  thereafter  he  made  a  pair  of 
right  and  left  lasts  for  himself.  I  observed  how  he  did 
it,  and  the  moment  the  first  last  was  about  finished  I 
saw  that  mine  were  very  poor.  They  were  almost  flat, 
scarcely  turning  up  at  the  toe  at  all.  I  quietly  took  my 
lasts  and  cast  them  into  the  fire,  and  then  set  to  work 
and  made  an  entire  new  set ;  and  I  never  gave  up  the 
attempt  until  I  succeeded  in  making  not  only  a  good 
last,  but  a  good  shoe. 

In  the  course  of  about  two  years  we  had  c  ther  tan- 


CHURCH  HELD  IN  A  LOG-CABIN. 


183 


yards  in  successful  operation,  where  we  could  liave  hides 
tanned  on  shares.  I  had  in  the  mean  time  made  a  trade 
for  a  small  herd  of  cattle  ;  and  after  this  I  had  an  ample 
supply  of  good  leather,  and  upon  that  point  I  was  at 
ease. 

The  greatest  difficulty  I  had  to  encouni</  for  the 
want  of  shoes  was  in  1844.  I  had  sown  some  three 
acres  of  wheat  about  the  first  of  May,  r  it  it  ^vas  abso- 
lutely necessary  to  inclose  it  by  the  tirst  of  June  to 
make  ;  crop.  I  did  not  commence  plowinjr  ujnil  about 
the  20th  of  April.  My  team  was  raw,  and  so  was  I, 
and  it  required  several  days'  trial  to  enable  a^  to  do 
good  work.  While  I  was  engaged  in  making  and  haul- 
ing rails  to  fence  in  my  wheat,  my  old  boots  gave  out 
entirely,  and  I  had  no  time  to  look  for  a  substitute.  I 
was  worse  off  than  I  was  when  without  a  hat  in  Bolivar, 
Tennessee. 

I  was  determined  to  save  my  wheat  at  any  sacrifice, 
and  I  therefore  went  barefoot.  During  the  first  week 
my  feet  were  very  sore  ;  but  after  that  there  came  a 
shield  over  them,  so  that  I  could  work  with  great  ease, 
and  go  almost  anywhere  except  among  thorns. 

But  we  had  another  trouble  on  our  hands.  By  per- 
mission of  a  neighbor  of  ours,  a  sincere  minister,  we 
were  allowed  to  occupy  temporarily  the  log-cabin  then 
used  for  a  church,  upon  condition  that  I  would  permit 
him  to  have  services  there  every  Sunday.  Our  minister 
was  always  regular  in  his  attendance,  and  the  congrega- 
tion consisted  of  about  thirty  persons.  I  could  not  well 
absent  myself  from  church,  as  it  was  ray  duty  to  attend. 
I  therefore  quietly  took  my  seat  in  one  corner  of  the 
building,  where  my  bare  feet  would  not  be  much  no- 
ticed. The  congregation  collected,  and  the  services 
went  on  as  usual,  with  the   addition  of  some  church 


r*       •'                 i» 

j 

'  ',     ;  1! 

•  ( if 

Ji' 


■  f.  i 


*      f, 


r;. 


K.; 


>  i  • 


n^^^sl 

i 
1 

W: 

1 

J       1 

i     ! 


17! 


n 


184 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


business,  which  happened  to  come  up  on  that  occasion. 
The  sea-breeze  set  in  early  that  day,  and  before  the 
church  business  was  finished  it  became  quite  cool.  Our 
minister  was  a  thin,  spare  man,  very  sensitive  to  cold, 
and  requested  me  to  make  a  fire  in  the  stove.  I  did 
not  hesitate  a  moment,  but  went  through  the  congrega- 
tion and  made  the  fire.  They  wore  moccasins,  and 
stared  at  my  bare  feet  as  I  passed. 

There  was  no  money  in  the  country,  and  the  usual 
currency  consisted  in  orders  for  merchandise  upon  the 
stores,  or  wheat  delivered  at  specified  points.  Our  com- 
munity had  an  ample  opportunity  to  practically  learn 
the  value  of  a  sound  circulating  medium.  No  one  who 
has  not  had  that  practical  experience  can  fully  appre- 
ciate the  true  importance  of  such  a  medium  as  a  great 
labor-saving  device. 

A  savage  people,  who  have  little  or  no  property  to 
sell,  and  very  few  wants  to  gratify,  may  get  along  with 
a  system  of  barter.  An  Indian  generally  has  nothing  to 
sell  but  furs  and  peltries,  and  wants  nothing  in  return 
but  arms,  ammunition,  blankets,  tobacco,  beads,  and 
paint.  All  he  wants  he  can  find  at  one  place,  and  all 
he  has  to  dispose  of  he  can  readily  bring  to  the  same 
place.  But  the  property  of  a  civilized  race  of  men  is  so 
various  in  kind,  so  large  in  amount,  and  the  ownership 
and  possession  change  so  often,  that  a  good  circulating 
medium  is  a  very  great  if  not  an  absolute  necessity.  For 
example,  a  farmer  may  have  a  pair  of  oxen  for  sale,  and 
may  want  a  pair  of  plow-horses.  In  case  there  be  no 
circulating  medium,  he  will  have  great  difficulty  in 
making  an  exchange.  He  may  find  a  number  of  per- 
sons who  have  plow-horses  for  sale,  but  none  of  them 
may  want  his  oxen.  But  should  he,  after  much  inquiry 
and  loss  of  time  and  labor,  succeed  in  finding  some  one 


H 


AN  AMERICAN  MERCHANT  AT  OREGON  CITY.     185 

wlio  has  a  pair  of  plow-horses  to  exchange  for  a  pair  of 
oxen,  most  likely  there  will  be  a  difference  in  value  ; 
and  how  shall  this  difference  be  adjusted  ? 

In  the  course  of  my  practice  as  a  lawyer,  I  had  re- 
ceived orders  upon  an  American  merchant  at  Oregon 
City,  until  the  amount  to  my  credit  upon  his  books  was 
forty-nine  dollars.  I  called  upon  him  to  take  up  the 
amount  in  goods  ;  and  he  said  to  me  :  "  Judge,  my 
stock  is  now  very  low,  and  I  would  suggest  to  you  to 
wait  until  my  new  goods  shall  arrive  from  Honolulu.  I 
am  going  there  to  purchase  a  new  supj^ly,  and  will  re- 
turn as  soon  as  I  can."  I  readily  assented  to  this  sug- 
gestion. 

After  waiting  about  three  months  I  heard  he  had  re- 
turned with  his  new  stock  ;  and  Mis.  Burnett  and  my- 
self set  about  making  out  a  memorandum  of  what  we 
wanted.  But  the  great  difficulty  was  to  bring  our  wants 
within  our  means.  After  several  trials  we  made  up  our 
memorandum,  consisting  mostly  of  dry-goods,  and  only 
six  pounds  of  sugar.  I  went  to  Oregon  City,  and  at  once 
called  upon  the  merchant.  I  asked  him  if  he  had  any 
satinets  ?  None.  Any  jeans  ?  None.  Any  calico  ? 
None.  Any  brown  cottons  ?  None.  I  then  asked 
what  he  had.  He  said  tools  of  various  kinds,  such  as 
carpenters'  implements  and  others.  He  said  he  feared 
I  would  think  the  prices  high,  as  he  had  to  pay  high 
prices,  ai  1  must  make  a  little  profit  upon  his  purchases. 
This  statement  no  doubt  was  true.  He  had  purchased 
in  a  market  where  the  stocks  were  limited  and  prices 
high. 

I  then  mad  c  a  selection  of  several  implements  that  I 
had  not  ou  my  memorandum,  which  amounted  in  all  to 
about  tliirteen  dollars,  and  found  the  prices  more  than 
aouble  those  at  Vancouver.    I  became  tired  of  paying 


f 


1     I . 


'  mi 
iwi 


I  w 


^4i 


i'  IHI 


!  1.1 


1^3 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


■i    -f^ 


M 


such  prices  for  articles  I  could  do  without  for  the  time, 
and  inquired  if  he  had  any  brown  sugar,  and  at  what 
price.  lie  said  plenty,  at  12^  cents  a  pound.  This 
was  the  usual  price,  and  I  replied  at  once  that  I  would 
take  the  balance  in  sugar.  I  went  home,  knowing  that 
we  had  sugar  enough  to  last  for  a  long  time,  and  that 
we  could  use  Oregon  tea.  There  grows  among  the  fir 
timber  of  that  country  a  small  aromatic  vine,  which 
makes  a  very  pleasant  tea,  about  as  good  as  the  tea 
made  from  the  sassafras-root  in  the  Western  States. 

On  another  occasion,  while  I  was  Judge  of  the  Su- 
preme Court,  a  young  hired  mrn,  my  son  Dwight,  and 
myself  had  on  our  last  working-shirts.  It  was  in  har- 
vest-time, and  where  or  how  to  procure  others  I  could 
not  tell.  Still,  I  was  so  accustomed  to  these  things  that 
I  was  not  much  perplexed.  Within  a  day  or  two  a 
young  man  of  my  acquaintance  wrote  me  that  he  de- 
sired me  to  unite  him  in  marriage  with  a  young  lady, 
whose  name  he  stated.  I  married  them,  and  he  gave 
me  an  order  on  a  store  for  five  dollars,  with  which  I 
purchased  some  blue  twilled  cotton  (the  best  I  could 
get),  out  of  which  my  wife  made  us  each  a  shirt.  The 
material  wore  well ;  but,  having  been  colored  with  log- 
wood, the  shirts,  until  the  color  faded  from  them,  left 
our  skins  quite  blue. 

I  never  felt  more  independent  than  I  did  on  one 
occasion,  in  the  fall  of  1847.  In  the  streets  of  Oregon 
City  I  met  a  young  man  with  a  new  and  substantial 
leather  hunting-shirt,  brought  from  the  Rocky  Moun- 
tains, where  it  had  been  purchased  from  the  Indians.  I 
said  to  him,  "  What  will  you  take  for  your  leather  hunt- 
ing-shirt ?  "  He  replied,  "  Seven  bushels  of  wheat."  I 
said  at  once,  "  I  will  take  it."  I  measured  him  out  the 
grain,  and  took  the  article.    I  knew  it  would  last  me  for 


.It 


ARRIVAL  IN  OREGON. 


187 


several  years.  I  found  it  a  most  excellent  article  of 
dress,  in  clear  weather,  for  rough  work.  I  wore  it  to 
the  California  gold-mines  in  the  fall  of  1848,  and  after 
my  arrival  there  during  most  of  the  winter  of  1848-'-49. 
A  nephew  of  mine  took  it  with  him  to  the  mines  in  the 
spring  of  1849,  and  it  was  lost  to  me.  I  regretted  this 
loss,  because  I  desired  to  preserve  it  as  a  memento  of 
old  times.  It  was  made  of  the  best  dressed  buckskin, 
with  the  flesh  side  out,  to  which  the  dust  would  not  ad- 
here ;  and  it  was  easily  kept  neat  and  clean,  for  that 
reason. 

For  the  first  two  years  after  our  arrival  in  Oregon 
we  were  frequently  without  any  meat  for  weeks  at  a 
time,  and  sometimes  without  bread,  and  occasionally 
without  both  bread  and  meat  at  the  same  time.  On 
these  occasions,  if  we  had  milk,  butter,  and  potatoes,  we 
were  well  content.  ,  . 

I  remember,  on  one  occasion,  that  several  gentlemen 
from  Oregon  City  called  at  my  house  in  the  Plains,  and 
we  had  no  bread.  I  felt  pained  on  my  wife's  account, 
as  I  supposed  she  would  be  greatly  mortified.  But  she 
put  on  a  cheerful  smile,  and  gave  them  the  best  dinner 
she  could.  Oregon  was  a  fine  place  for  rearing  domes- 
tic fowls,  and  we  kept  our  chickens  as  a  sort  of  reserve 
fund  for  emergencies.  We  had  chickens,  milk,  butter, 
and  potatoes  for  dinner  ;  and  our  friends  were  well 
pleased,  and  laughed  over  the  fact  of  our  having  no 
bread. 

In  May,  1845,  we  were  entirely  without  anything  in 
the  house  for  dinner.  I  did  not  know  what  to  do,  when 
my  wife  suggested  a  remedy.  The  year  before  we  had 
cultivated  a  small  patch  of  potatoes,  and  in  digging  had 
left  some  in  the  ground,  which  had  sprung  up  among 
the  young  wheat.     We  dug  a  mess  of  these  potatoes. 


I  r  -  *■   .-  ;     ^ 


^■;  I '» 


«i-4^<A» 


188 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


which  sufficed  us  for  a  meal,  though  not  very  good. 
That  year  I  sowed  about  one  acre  in  turnips,  which 
grew  to  a  large  size.  The  vegetables  most  easily  grown 
in  new  countries  are  lettuce,  turnips,  potatoes,  and 
squashes. 

The  country  improved  rapidly  in  proportion  to  our 
population.  The  means  of  education  were  generally 
limited  to  ordinary  schools.  In  the  course  of  three  or 
four  years  after  my  arrival  in  Oregon,  our  people  had 
30  improved  their  places  that  we  were  quite  comfort- 
able. There  was  no  aristocracy  of  wealth  and  very  lit- 
tle vice.  I  do  not  think  I  ever  saw  a  more  happy  com- 
munity. We  had  all  passed  through  trials  that  had 
tested  and  established  our  patience  ;  and  our  condition 
then  was  so  much  better  than  that  of  the  past  that  we 
had  good  cause  for  our  content.  Few  persons  could  be 
found  to  complain  of  Oregon. 

BECOME    A    CATHOLIC  —  MY     GENERAL     RULE    AS    TO 
CHARGES   AGAINST   ME. 

In  the  fall  of  184^  a  Baptist  preacher  settled  in  my 
immediate  neighborhood,  who  had  the  published  debate 
between  Campbell  and  Purcell  ;  and,  as  the  Catholic 
question  was  often  mentioned,  and  as  I  knew  so  little 
about  it,  I  borrowed  and  read  the  book.  I  had  the  ut- 
most confidence  in  the  capacity  of  Mr.  Campbell  as  an 
able  debater  ;  but,  while  the  attentive  reading  of  the 
debate  did  not  convince  me  of  the  entire  truth  of  the 
Catholic  theory,  I  was  greatly  astonished  to  find  that  so 
much  could  be  said  in  its  support.  On  many  points, 
and  those  of  great  importance,  it  was  clear  to  my  mind 
that  Mr.  Campbell  had  been  overthrown.  Still,  there 
were  many  objections  to  the  Catholic  Church,  either  not 


BECOME  A  CATHOLIC. 


189 


noticed  by  the  Bishop,  or  not  satisfactorily  answered  ; 
and  I  arose  from  the  reading  of  that  discussion  still  a 
Protestant. 

But  my  thoughts  continually  recurred  to  the  main 
positions  and  arguments  on  both  sides,  and,  the  more  I 
reflected  upon  the  fundamental  positions  of  the  Bishop, 
the  more  force  and  power  I  found  them  to  possess. 
My  own  reflections  often  afforded  me  answers  to  diffi- 
culties that  at  first  semed  insurmountable,  until  the 
question  arose  in  my  mind  whether  Mr.  Campbell  had 
done  full  justice  to  his  side  of  the  question.  Many  of 
his  positions  seemed  so  extreme  and  ill  founded  that  I 
could  not  sanction  them.  All  the  prejudices  I  had,  if 
any,  were  in  his  favor ;  but  I  knew  that  it  was  worse 
than  idle  to  indulge  prejudices  when  investigating  any 
subject  whatever.  I  was  determined  to  be  true  to  my- 
self, and  this  could  only  be  in  finding  the  exact  truth, 
and  following  it  when  known. 

My  mind  was  therefore  left  in  a  state  of  restless 
uncertainty  ;  and  I  determined  to  examine  the  question 
between  Catholics  and  Protestants  thoroughly,  so  far  as 
my  limited  opportunities  and  poor  abilities  would  per- 
mit. In  the  prosecution  of  this  design,  I  procured  all 
the  works  on  both  sides  within  my  reach,  and  examined 
.hero,  alternately  side  by  side.  This  investigation  occu- 
pied all  my  spare  time  for  about  eighteen  months. 

Ai'ter  an  impartial  and  calm  investigation,  I  became 
fully  convinced  of  the  truth  of  the  Catholic  theory,  and 
went  to  Oregon  City  in  June,  1846,  to  join  the  Old 
Church.  There  I  found  the  heroic  and  saintly  Father 
De  Vos,  who  had  spent  one  or  more  years  among  the 
Flathead  Indians.  He  received  me  into  the  Church. 
The  reasons  for  this  change  are  substantially  set  forth 
in  my  work  entitled  "  The  Path  which  led  a  Protestant 


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190 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Lawyer  to  the  Catholic  Church,"  from  the  preface  to 
which  the  foregoing  statement  is  taken. 

I  was  the  only  Catholic  among  my  numerous  living 
relatives.  None  of  ray  ancestors  on  either  my  paternal 
or  maternal  side  had  been  Catholics,  so  far  as  I  knew. 
All  my  personal  friends  were  either  Protestants  or  non- 
professors,  except  four  :  Dr.  McLoughlin,  Dr.  Long, 
and  Mr.  Pomeroy  of  Oregon,  and  Graham  L.  Hughes  of 
St.  Louis.  Nine  tenths  of  the  people  of  Oregon  were 
at  that  time  opposed  to  my  religion.  Nearly  all  the 
Catholics  of  Oregon  were  Canadian  French,  in  very 
humble  circumstances,  many  of  them  being  hired  me- 
nial servants  of  the  Hudson's  Bay  Company.  I  had  no 
reason  for  the  change  from  a  popular  to  an  unpopular 
religion  but  the  simple  love  of  truth  ;  and,  as  I  have  so 
long  borne  whatever  of  censure  may  have  been  heaped 
upon  me  in  consequence  of  this  change,  I  think  I  can 
afford  to  die  in  the  Old  Church. 

When  I  was  a  young  man  I  was  often  much  con- 
corned  as  to  what  others  might  think  of  me  ;  and  at 
times  I  was  deeply  pained  by  what  others  did  say  of 
me.  In  due  time,  however,  and  after  full  consideration 
and  more  experience,  I  came  to  this  final  conclusion  : 
that  it  was  my  duty  to  do  what  was  right  in  itself,  and  to 
avoid  so  far  as  I  could  even  the  appearance  of  evil ;  and 
then,  if  others  wrongfully  blamed  me,  it  would  be  their 
fault,  not  mine.  I  saw  I  could  control  myself,  and  Avas 
therefore  responsible  for  my  own  conduct ;  but  I  could 
not  control  others,  and  was  not  responsible  for  their 
actions,  so  long  as  I  did  right  myself,  and  avoided  all 
appearance  of  evil.  If  I  should  make  myself  unhappy 
because  other  people  eiTed  in  their  judgment  of  me, 
then  my  happiness  ,vould  be  within  their  power  and  in 
their  keeping.     I  thought  it  my  duty  to  keep  my  hap- 


MY  RULE  AS  TO  CHARGES  AGAINST  ME. 


191 


T>ines8  under  my  own  control  so  far  as  I  could.  I  had 
confidence  in  the  good  sense  and  justice  of  good  men, 
and  was  perfectly  willing  to  await  their  ultimate  deci- 
sion. When  I  knew  I  was  in  the  right,  I  was  able  and 
prepared  to  bear  the  censure  even  of  the  wise  and  good; 
but  I  "  did  not  hanker  after  it." 

I  never  would  engage  in  newspaper  controversies  or 
personal  squabbles.  If  I  was  unjustly  censured,  I  paid 
no  attention  to  it,  and  gave  myself  no  trouble  about  it. 
In  this  way  I  have  mainly  led  a  life  of  peace  with  my 
fellow  men.  I  have  very  rarely  had  the  sincerity  of 
my  motives  called  in  question.  The  general  course  of 
the  press  toward  me  ha.s  been  impartial  and  just. 

I  have  never  claimed  to  be  a  liberal  man,  as  many 
j)eople  construe  that  almost  indefinable  term  ;  but  I 
have  scrupulously  sought  to  be  just  to  all  men.  The 
character  of  a  just  man  is  enough  for  me.  I  esteem 
and  reasonably  desire  the  approbation  of  good  men  ; 
but  I  love  the  right  more.  I  can  do  without  the  first, 
but  not  the  last. 

But  I  must  depart  from  my  usual  course  to  notice 
certain  charges  made  again«;t  me  by  W.  H.  Gray  in  his 
"History  of  Oregon.*'  My  nephew,  George  H.  Bur- 
nett, Esq.,  of  Salem,  Oregon,  was  a  guest  at  my  house 
in  San  Francisco  in  January,  1878,  and  mentioned  to  me 
the  fact  that  such  charges  had  been  made.  I  had  never 
seen  the  work  at  that  time.  In  May,  1878,  I  procured 
and  read  the  book.  I  notice  these  charges  because  they 
are  in  the  form  of  fii*tori<;al  facts  or  opinions.  Had 
Mr.  Gray  made  tbej^  charges  verbally  or  in  a  news- 
paper article,  I  shoold  never  have  noticed  them  in  any 
form. 


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192  RECOLLECTIONS  OF  AN  OLD  PIONEER. 


MISSTATEMENTS    OF    W.    H.    GRAY.  . 

On  pages  374-5  Mr.  Gray,  in  speaking  of  the  mem- 
bers of  the  Legislative  Committee  of  1844,  says  : 

Peter  H.  Burnett  was  a  lawyer  from  Missouri,  who  came  to 
Oregon  to  seek  his  fortune,  as  well  as  a  religion  that  would  pay 
best  and  give  hin  the  most  influence ;  which  in  the  Legislative 
Committee  was  srfficient  to  induce  that  body  to  pay  no  atten- 
tion to  any  organic  law  or  principle  laid  down  for  the  govern- 
ment of  tlie  settlements.  In  fact,  he  asserted  that  there  were 
no  constitutional  provisions  laid  down  or  adopted  by  the  people 
in  general  convention  at  Champoeg  the  year  previous.  Mr.  Bur- 
nett was  unquestionably  the  most  intelligent  lawyer  then  in  the 
country.  He  was  a  very  ambitious  man — smooth,  deceitful,  and 
insinuating  in  his  manners.  . 

As  regards  the  imputation  of  improper  motives  to 
me  in  the  above  extract,  if  intended  as  the  assertions 
of  fact,  such  assertions  are  untrue  ;  and,  if  intended 
as  expressions  of  opinions,  such  opinions  are  mistaken. 
These  charges  are  made  not  only  without  proof,  but 
against  both  the  evidence  and  the  fact. 

I  went  to  Oregon  for  three  purposes  : 

1.  To  assist  in  building  up  a  great  American  com- 
munity on  the  Pacific  coast. 

2.  To  restore  the  health  of  Mrs.  Burnett. 

3.  To  become  able  to  pay  my  debts. 

Before  I  became  a  believer  in  the  truth  of  the  Chris- 
tian religion,  I  had  sought  fortune  with  avidity  ;  but, 
after  that  fundamental  change  in  my  views,  I  ceased  to 
pursue  riches,  and  my  only  business  object  was  to  make 
a  decent  living  for  my  family,  and  pay  what  I  owed. 
Considering  the  large  amount  of  my  indebtedness,  I 
could  not  have  been  so  visionary  as  to  suppose  I  could 


.1  I" 


MISSTATEMENTS  W.  H.  GRAY. 


193 


accomplish  in  distant  and  isolated  Oregon  more  than 
the  three  objects  mentioned. 

As  regards  my  change  of  religion,  and  the  motives 
which  led  to  it,  I  have  already  stated  the  simple  truth. 
At  the  time  I  joined  the  Old  Church  I  was  indepen- 
dent in  my  pecuniary  circumstances,  so  far  as  a  decent 
living  was  concerned.  I  had  a  claim  of  six  hundred  and 
forty  acres  of  most  excellent  land,  well  improved,  and 
well  stocked  with  domestic  animals  and  fowls.  With 
the  industrious  and  sober  habits  of  myself  and  family, 
we  Avere  secure  of  a  good  living. 

As  to  my  influence  in  the  Committee,  it  could  not 
possibly  have  arisen  from  any  change  of  religion,  for 
these  simple  and  conclusive  reasons  :  that  I  was  then  a 
Protestant,  without  any  idea  of  becoming  a  Catholic, 
and  every  member  was  opposed  to  the  Catholic  religion. 
My  influence  arose  from  the  fact  of  my  qualifications 
and  my  good  character.  Waldo,  McCarver,  Gilmore, 
and  Keizer  had  traveled  with  me  a*5ross  the  Plains,  and 
had  seen  me  fully  tested  in  that  severe  school  of  human 
nature.  Waldo  knew  me  by  reputation,  and  Gilmore 
personally,  in  Missouri. 

As  to  the  assertion  that  I  was  "  very  ambitious."  the 
fact  is  not  correctly  stated.  I  had  a  reasonable  desire 
for  distinction,  but  never  so  great  as  to  induce  me  to 
sacrifice  my  personal  independence  or  compromise  my 
true  dignity.  I  never  sought  any  position  under  the 
provisional  government  of  Oregon,  and  I  do  not  remem- 
ber to  have  personally  asked  any  citizen  to  vote  for  me. 
I  was  elected  a  member  of  the  legislative  body  in  1844 
and  again  in  1848,  and  Judge  of  the  Supreme  Court  in 
1845,  without  any  serious  efforts  on  my  part.  I  have 
been  a  candidate  before  the  people  six  times  :  once  in 
Missouri,  twice  in  Oregon,  and  three  times  in  California; 


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194 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


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ii.i 


and  I  ^^as  successful  in  every  case.  I  resigned  the  office 
of  District  Attorney  in  Missouri  to  go  to  Oregon  in 
1843,  and  my  seat  in  the  Legislature  of  Oregon  in  1848 
to  come  to  California,  and  the  office  of  Governor  of  this 
State  in  January,  1851,  when  the  salary  was  ten  thou- 
sand dollars  per  annum.  I  was  appointed  on  the  14th  of 
August,  1848,  by  President  Polk,  one  of  the  Justices  of 
the  Supreme  Court  of  the  Territory  of  Oregon.  My 
commission  did  not  reach  me  until  the  spring  of  1849, 
in  California.  This  appointment  I  declined,  as  I  could 
not  accept  it  and  pay  my  debts.  This  was  done  before 
any  movement  was  made  to  organize  a  State  govern- 
ment in  California,  and  before  I  had  any  expectation  of 
being  Governor.  I  can  safely  say  that  the  remark  of 
President  Jefferson,  in  regard  to  the  office-holders  of 
his  time,  that  "  deaths  were  few  and  resignations  none," 
can  not  justly  apply  to  me. 

As  to  the  charge  of  being  deceitful,  it  is  the  precise 
opposite  of  the  truth.  No  man  of  decent  manners  and 
good  character  ever  called  upon  me  without  receiving 
my  candid  opinion,  where  I  had  any  mature  judgment 
upon  the  question.  I  am  not  a  disputatious  spirit,  ready 
to  engage  in  a  wordy  quarrel  upon  any  and  every  sub- 
ject, however  trivial ;  but  in  regard  to  all  important 
subjects,  on  all  proper  occasions,  I  am  frank  to  speak 
just  what  I  think. 

As  to  the  falsity  of  all  these  charges,  I  can  refer  to 
all  good  men  who  have  known  me  longest  and  best.  I 
lived  in  Missouri  some  twenty-one  years,  and  have  re- 
sided in  California  nearly  thirty  years,  and  I  appeal  to 
all  good  men  who  have  known  me,  without  regard  to 
their  religion  or  place  of  nativity. 


ORGA.NIC   LAWS  OF   1843. 


195 


THE  QUESTION  WHETHER  THERE  WERE  ANY  CONSTITU- 
TIONAL PROVISIONS  IN  THE  LAWS  OF  1843  CONSID- 
ERED. 

The  Legislative  Committee  of  1844  did  maintain  the 
position  that  there  were  no  constitutional  provisions 
adopted  by  the  people  at  their  mass  meeting,  July  5, 
1843. 

It  appears  that  there  were  two  publications  claiming 
to  be  copies  of  these  laws  :  one  by  Charles  Saxton,  pub- 
lished in  1846,  and  the  other  by  the  compiler  of  the 
"  Oregon  Archives  "  in  1853.  (Gray's  "  Oregon,"  352.) 
I  shall  use  the  copy  given  by  Mr.  Gray,  as  he  ought  to 
know  best,  and  which  is  found  in  his  history,  beginning 
op  page  353. 

At  a  meeting  of  the  people  held  May  2,  1843,  at 
Champoeg,  the  proposition  to  establish  a  provisional 
government  was  put  to  vote  ;  and,  upon  a  division,  there 
were  found  to  be  fifty-two  for  and  fifty  against  it. 
(Gray's  "Oregon,"  279.) 

At  that  meeting,  Robert  Moore,  David  Hill,  Robert 
Shortess,  Alansou  Beers,  W.  H.  Gray,  Thomas  J.  Hub- 
bard, James  A.  O'Neal,  Robert  Newell,  and  William 
Dougherty  were  chosen  to  act  as  a  Legislative  Commit- 
tee, and  instructed  to  make  their  report  on  the  5th  of 
July,  1843,  at  Champoeg.     (Gray,  280  -'81.) 

On  the  5th  of  July,  1843,  said  Committee  made  their 
report,  which  was  adopted  at  the  mass  meeting  of  citi- 
zens at  Champoeg.  The  question  whether  there  were 
any,  and,  if  so,  what  constitutional  provisions  in  the  laws 
adopted  at  said  meeting,  was  one  that  admitted  of  dis- 
cussion ;  but,  upon  as  full  a  consideration  of  the  subject 
as  our  limited  time  and  opportunities  allowed,  we  be- 
came satisfied  that  there  were  none. 


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196 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


In  their  report  the  Committee  say,  "The  Legisla- 
tive Committee  recommend  that  the  following  organic 
Imos  be  adopted."  The  term  organic  does  not  neces- 
sarily mean  constitutional ;  because,  whether  the  laws 
were  constitutional  or  not,  they  were  equally  organic. 
We  were  aware  of  the  fact  that  there  were  no  lawyers 
among  the  members  of  the  Committee,  and  that  there 
were  then  no  law-books  in  the  country,  except  one  copy 
of  the  Statutes  of  Iowa  ;  but  we  knew  that  the  mem- 
bers were  Americans,  and  that  all  Americans  competent 
to  read  a  newspaper  must  know  that  the  fund  nental 
laws  of  the  United  States  and  of  the  several  St.  s  were 
called  constitutions  ;  and  hence  we  supposed  liiat  the 
Committee  would  surely  have  used  the  plain,  ordinary, 
and  appropriate  term  constitution  to  designate  their 
fundamental  law,  had  they  intended  it  as  such. 

But,  besides  the  want  of  proper  language  to  desig- 
nate a  constitution,  the  nature  of  the  laws  themselves 
seemed  to  show  a  different  intent.  From  the  face  of 
the  Code,  no  one  could  tell  where  the  constitutional 
laws  ended  and  the  statutory  began.  It  was  either  all 
constitution  or  all  statute.  AU  were  adopted  at  the 
same  public  meeting,  and  were  recommended  by  the 
same  ^  Committee.  That  Committee  "  recommended  that 
the  fo  owing  organic  laics  be  adopted."  Kow,  what- 
ever vs  were  recommended  by  them  were  all  of  the 
same  iaracter,  or  they  failed  to  distinguish  one  por- 
tion fi  ra  another.  There  being  no  mode  of  amendment 
provif  jd,  these  laws,  if  constitutional,  could  only  be 
amended  in  violation  of  their  own  terms ;  that  is,  by 
revolution.  If  considered  as  statutory  provisions,  then 
there  was  a  plain  mode  of  amendment  provided  in  Ar- 
ticle VI.,  section  2,  which  enacts  that  "  the  legislative 
power  shall  be  vested  in  a  committee  of  nine  persons, 


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ORGANIC  LAWS  OF   1843. 


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to  be  elected  by  the  qualified  electors  at  the  annual 
election." 

The  code  goes  into  the  most  minute  provisions,  such 
as  fixing  the  fees  of  the  Recorder  and  Treasurer,  and 
for  solemnizing  marriage.  It  also  contains  a  militia 
law,  and  a  law  on  land  claims,  and  a  resolution  making 
the  statute  laws  of  Iowa  the  law  of  Oregon.  Such  pro- 
visions, in  their  very  nature,  are  but  statutory. 

Considering  the  "  organic  laws "  (so  named  by  the 
Committee)  as  composing  a  constitution,  not  amendable 
except  by  revolution,  the  Legislative  Committee  of  1844 
had  nothing  to  do  worth  mentioning.  In  this  view  it 
wa«!  a  useless  body,  constituted  for  an  idle  and  vain  pur- 
pose. We  cume  to  the  conclusion  that  our  Legislative 
Committee  had  practical  legislative  power,  and  that  it 
was  our  duty  to  exercise  it.  \Yhile  we  were  not  dis- 
posed to  make  useless  changes,  we  were  obliged  to 
amend  the  code  in  many  respects,  as  will  be  seen  from 
what  follows. 

Article  YIL,  section  2  vests  "  the  judicial  power  in 
a  Supreme  Court,  consisting  of  the  supreme  judge  and 
two  justices  of  the  peace,  a  Probate  Court,  and  Justice 
Court."  If  a  majority  of  the  persons  composing  the 
Supreme  Court,  under  this  quaint  and  original  theory, 
could  make  the  decision,  then  the  two  justices  of  the 
peace  could  overrule  the  Supreme  Judge.  If,  on  the 
contrary,  it  required  the  unanimous  cc  nsent  of  all  three, 
then  there  would  often  be  no  decision  at  all. 

Our  Committee  amended  this  by  the  act  of  June  27, 
1844.  The  first  section  of  the  second  article  of  that  act 
is  as  follows  :  "  Section  1.  The  judicial  power  shall  be 
vested  in  the  Circuit  Courts  and  as  many  justices  of  the 
peace  as  shall  from  time  to  time  be  appointed  or  elected 
according  to  law."    The  second  section  provides  for  the 


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RECOLLECTIONS  OF  AN  OLD  PIONEER. 


election  of  07ie  judge,  and  makes  it  his  duty  to  hold  two 
terms  of  the  Circuit  Court  in  each  county,  at  su^h  times 
and  places  as  shall  be  directed  by  law  ;  and  the  third 
section  fixes  the  jurisdiction  of  the  Circuit  Courts,  in- 
cluding probate  powers. 

The  fifth  article  of  section  2  vested  the  executive 
power  in  a  committee  of  three  persons.  This  provi- 
^on  was  adopted  not  because  it  met  the  approbation  of 
tiie  Legislative  Committee  of  1843,  but  from  necessity, 
as  their  instructions  were  against  a  governor  (Gray's 
"  Oregon,"  349).  We  repealed  this  provision,  and  vest- 
ed the  executive  power  in  a  single  person. 

Article  XVII.  All  male  persons  of  the  ago  of  sixteen  years 
and  upward,  and  all  feiuiiles  of  the  ago  of  fourteen  years  and 
upward,  shall  have  the  right  to  marry.  When  either  of  the 
parties  shall  be  under  twenty-one  years  of  age,  the  consent  of 
the  parents  or  guardians  of  such  minors  shall  be  necessary  to 
the  validity  of  such  matrimonial  engagement.  Every  ordained 
minister  of  the  gospel,  of  any  religious  denomination,  the  su- 
preme judge,  and  all  justices  of  the  peace,  are  hereby  author- 
ized to  solemnize  marriage  according  to  law,  to  have  the  same 
recorded,  and  pay  the  recorder's  fee.  The  legal  fee  for  marriage 
sliall  be  one  dollar,  and  for  recording  fifty  cents. 

This  extreme  law  made  the  marriage  of  persons  un- 
der the  age  of  twenty-one  years  without  the  consent  of 
their  parents  or  guardians  invalid,  and  therefore  void  ; 
thus  subjecting  the  young  people  to  the  charge  and  con- 
sequences of  living  in  a  state  of  adultery,  and  their  in- 
nocent children  to  all  the  consequences  of  bastardy. 

Our  Committee  passed  the  following  act : 

An  Act  amendatory  of  the  Act  regarding  Marriage. 

Section  1.  That  all  males  of  the  age  of  sixteen  years  and 
upward,  and  all  females  of  the  age  of  twelve  and  upward, 


ORGANIC  LAWS  OF  1843. 


199 


shall  be  deemed  competent  to  enter  into  the  contrcct  of  mar- 
riage. 

Sec.  2.  That  when  either  of  the  parties  about  to  enter  into 
tlio  marriage  union  shall  be  minors,  the  mule  under  the  age  of 
twenty-one  years,  or  the  female  under  the  age  of  eighteen,  no 
person  authorized  to  solemnize  the  rites  of  matrimony  shall  do 
so  without  the  consent  of  the  parent  or  guardian  of  such  minor ; 
and  in  case  such  person  shall  solemnize  such  marriage  without 
the  consent  of  the  parent  or  guardian  of  such  minor,  he  shall  bo 
liable  to  pay  such  parent  or  guardian  the  sum  of  one  hundred 
dollars,  to  be  recovered  by  action  of  debt  or  assumpsit  before 
the  proper  court :  Provided,  however,  that  the  want  of  such 
consent  shall  not  invalidate  such  marriage. 

Seo.  3.  That  all  acts  and  parts  of  acts  coming  in  conflict 
with  this  act  be  ard  the  same  are  hereby  repealed. 

The  Legislative  Committee  of  1843  was  properly 
called  a  committee,  because  its  duty  was  to  prepare  a 
code  to  be  submitted  to  the  mass  meeting  of  citizens 
held  on  the  5th  of  July,  1843,  for  their  approval  or  re- 
jecticn ;  the  legislative  power  being  exercised  by  the 
people  themselves  on  that  occasion.  But,  as  already 
stated,  the  legislative  power  was  vested  by  the  sixth 
article,  section  2,  of  the  laws  of  1843,  in  a  committee 
of  nine  persons.  To  call  a  legislative  body  a  committee 
was  a  misnomer  ;  and  we  amended  that  provision  by 
vesting  the  legislative  power  in  a  House  of  Representa- 
tives c  omposed  of  members  elected  annually  by  the  peo- 
ple. 

The  laws  of  1843  made  no  provision  for  the  support 
of  the  government,  except  putting  in  circulation  a  sub- 
scription i>aper  as  follows  : 

Wo,  the  subscribers,  hereby  pledge  ourselves  to  pay  annually 
to  the  Treasurer  of  Oregon  Territory  the  sum  affixed  to  our  re- 
spective names,  for  defraying  the  expenses  of  the  government  : 
Provided,  That  in  all  cases  each  individual  subscriber  may  at 


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RECOLLECTIONS  OF  AN  OLD  PIONEER. 


any  time  withdraw  his  name  from  said  subscription,  upon  pay- 
ing up  all  arrearages  and  notifying  the  Treasurer  of  the  colony 
of  such  desire  to  withdraw. 

Our  Committee  were  fully  satisfied  that  no  govern- 
ment could  be  practically  administered  without  taxa- 
tion ;  and  we  therefore  passed  a  revenue  law  containing 
twelve  sections. 

The  law  of  1843  in  relation  to  land  claims  is  as  fol- 
lows : 

Article  I.  Any  person  now  holding  or  hereafter  wishing  to 
establish  a  claim  to  land  in  this  Territory,  shall  designate  tlio 
extent  of  his  claim  by  natural  boundaries,  or  by  marks  at  the 
corners  and  upon  the  lines  of  said  claim,  recorded  in  the  office 
of  the  Territorial  Kecorder,  in  a  book  to  be  kept  by  him  for 
that  purpose,  within  twenty  days  from  the  time  of  making  said 
claim:  Provided^  That  those  who  shall  be  n! ready  in  posses- 
sion of  land  shall  be  allowed  one  year  from  the  passage  of 
this  act,  to  file  a  description  of  their  claims  in  the  Recorder's 
office. 

Art.  II.  All  claimants  shall,  within  six  months  from  the 
time  of  recording  their  claims,  make  permanent  improvement 
upon  the  same,  by  building  or  inclosing,  and  also  become  occu- 
pant upon  said  claims  within  one  year  of  the  date  of  said 
record. 

Art.  III.  No  individual  shall  be  allowed  to  hold  a  chum  of 
more  than  one  square  mile,  or  six  hundred  and  forty  acres,  in  a 
square  or  oblong  form,  according  to  the  natural  situation  of  the 
premises,  nor  shall  any  individual  bo  able  to  hold  more  than  one 
claim  at  the  same  time.  Any  person  complying  with  the  pro- 
visions of  these  ordinances  shall  bo  entitled  to  the  same  process 
against  trespass  as  in  other  cases  provided  by  law. 

Art,  IV.  No  person  shall  be  entitled  to  hold  such  a  claim 
upon  city  or  town  lots,  extensive  water  privileges,  or  other  sit- 
uations necessary  for  the  transaction  of  mercantile  or  manufac- 
turing oi)erations:  Provided,  That  nothing  in  these  laws  shall 
be  so  construed  as  to  affect  any  claim  of  any  mission  of  a  reli- 


ORGA.NIC  LAWS  OF   1843. 


201 


gious  character  made  prior  to  this  time,  of  an  extent  not  more 
than  six  miles  square. 

Our  Committee  passed  the  following  act,  June  25, 
1844: 

An  Act  in  relation  to  Land  Claims. 

Section  1.  That  all  persons  who  have  heretofore  made,  or 
shall  hereafter  make,  permanent  improvements  upon  a  place, 
with  a  lona  fide  intention  of  occupying  and  holding  the  same 
for  himself,  and  shall  continue  to  occupy  and  cultivate  the  same, 
shall  be  entitled  to  hold  six  hundred  and  forty  acres,  and  shall 
hold  only  one  claim  at  the  same  time :  Provided,  A  man  may 
hold  town  lots  in  addition  to  his  claim. 

Seo.  2.  That  all  claims  hereafter  made  shall  be  in  a  square 
form,  if  the  nature  of  the  ground  shall  permit ;  and  in  case  the 
situation  will  not  permit,  shall  be  in  an  oblong  form. 

Seo.  3.  That  in  all  cases  where  claims  are  already  made,  and 
in  all  cases  where  there  are  agreed  lines  between  the  parties  oc- 
cupying adjoining  tracts,  such  claims  shall  be  valid  to  the  extent 
of  six  hundred  and  forty  acres,  although  not  in  a  square  or  ob- 
long form. 

Seo.  4.  That  in  all  cases  where  claims  shall  hereafter  be 
made,  such  permanent  improvements  shall  be  made  within  two 
months  from  the  time  of  taking  up  such  claim,  and  the  first 
settler  or  his  successor  shall  be  deemed  to  hold  the  prior 
right. 

Sec.  5.  That  no  person  shall  hold  a  claim  under  the  pro- 
visions of  this  act  except  free  males  o^er  the  age  of  eighteen, 
who  would  be  entitled  to  vote  if  of  lawful  age,  and  widows : 
Provided^  No  married  man  shall  be  debarred  from  holding  a 
claim  under  this  act  because  ho  is  under  the  age  of  eighteen. 

Sec.  C.  That  all  laws  heretofore  passed  in  regard  to  land 
claims  be  and  the  same  are  hereby  repealed. 

Sec.  7.  That  all  persons  complying  with  the  provisions  of 
this  act  shall  be  deemed  in  possession  to  the  extent  of  six  hun- 
dred and  forty  acres  or  less,  as  the  case  may  be,  and  shall  have 
the  remedy  of  forcible  entry  and  detainer  against  intruders,  and 
the  action  of  trespass  agaiust  trespassers. 


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On  December  24,  1844,  we  passed  the  following 
explanatory  and  amendatory  act : 

Seotioit  1.  That  the  word  "  occupancy,"  in  said  act,  shall  be 
so  construed  as  to  require  the  claimant  to  either  personally 
reside  upon  his  claim  himself,  or  to  occupy  the  same  hy  the 
personal  residence  of  his  tenant. 

Sec.  2.  That  any  person  shall  be  authorized  to  take  six  hun- 
dred acres  of  his  claim  in  the  prairie,  and  forty  acres  in  the 
timber,  and  such  parts  of  his  claim  need  not  be  adjoining  to 
each  other. 

Sec.  3.  That  when  two  persons  take  up  their  claims  jointly, 
not  exceeding  twelve  hundred  and  eighty  acres,  they  may  hold 
the  same  jointly  for  the  term  of  one  year,  by  making  the  im- 
provements required  by  said  act  upon  any  part  of  said  claim, 
and  may  hold  the  same  longer  than  one  year  if  they  make  the 
said  improvements  within  the  year  upon  each  six  hundred  and 
forty  acres. 

The  land  law  of  1844  dispensed  with  recording  of 
claims,  because,  under  the  then  existing  condition  of 
the  country,  it  was  an  onerous  burden  upon  the  new 
immigrant.  The  great  body  of  the  immigration  arrived 
late  in  the  fall,  just  as  the  rainy  season  set  in  ;  and  to 
require  each  locator  of  a  claim  to  travel  from  twenty  to 
one  hundred  miles  to  the  Recorder's  office,  and  return 
through  an  Oregon  winter,  was  indeed  a  harsh  condi- 
tion. Under  the  land  law  of  1843  the  old  settler  was 
allowed  one  year  within  which  to  record  his  claim, 
while  the  new  settlers  were  only  allowed  twenty  days. 
Besides,  recording  a  claim  without  a  proper  survey  was 
of  very  doubtful  utility,  as  parties  would  be  very  apt  to 
include  within  their  linos  more  than  six  hundred  and 
forty  acres. 

By  the  land  law  of  1843,  as  will  be  seen,  all  per- 
sons of  every  age,  sex,  or  condition,  could  hold  claims. 
If  a  man  had  several  sons,  he  could  hold  one  claim  for 


ORGANIC  LAWS  OF   1843. 


203 


for 


himself  and  each  of  his  sons  one,  thougn  under  age  ; 
and,  as  each  claimant  had  six  months  within  which  to 
make  his  improvements,  and  one  year  within  which  to 
become  an  occupant  from  the  date  of  the  record,  the 
act  left  open  the  door  to  speculation  and  monopoly  to 
a  grievous  extent.  A  man,  having  a  number  of  children, 
could  record  one  claim  in  the  name  of  each  child  one 
month  before  the  annual  arrival  of  the  new  immigrants, 
and  that  record  would  hold  the  land  for  six  months ; 
thus  forcing  the  late  comers  either  to  go  farther  for 
locations  or  purchase  these  claims  of  his  children.  Be- 
sides, this  act  did  not  require  the  locator  to  make  his 
improvements  with  the  bona  fide  intention  of  occupying 
and  holding  the  claim  for  himself,  but  only  required  the 
improvements  to  be  made  ;  thus  allowing  claims  to  be 
made  for  speculative  purposes. 

But  one  of  the  most  objectionable  provisions  of  the 
land  law  of  1843  was  the  proviso  allowing  each  mission 
six  miles  square,  or  thirty-six  sections  of  land.  From 
what  Mr.  Gray  says,  page  344,  it  appears  that  this  pro- 
viso was  adopted  to  gain  the  support  of  those  con- 
nected with  the  Methodist  and  Catholic  missions  ;  as, 
without  such  support,  it  was  feared  the  attempt  to  es- 
tablish a  government  at  that  time  would  fail.  The  Com- 
mittee of  1843,  in  their  short  experience,  learned  one 
great  truth  :  that  civil  government  is  a  practical  sci- 
ence ;  and  that,  while  a  true  statesman  can  adapt  his 
legislation  to  existing  circumstances,  he  can  not  create 
or  control  them  ;  and  for  that  reason  he  is  often  com- 
pelled to  choose  between  evils,  and  to  support  measures 
that  his  individual  judgment  will  not  aj)prove.  Our 
Legislative  Committee  of  1844  were  placed  in  more  in- 
dependent circumstances  ;  and,  having  no  foar  of  the 
mission  influence,  we  repealed  this  proviso. 


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THE    LEGISLATIVE    COMMITTEE    OP    1844  —  MISTAKES     OF 

W.    H.    GEAY. 

On  page  383  Mr.  Gray,  speaking  of  the  Legislative 
Committee  of  1844,  says  : 

"  In  fact,  the  whole  proceedings  seemed  only  to 
mix  up  and  confuse  the  people  ;  so  much  so  that  some 
doubted  the  existence  of  any  legal  authority  in  the 
country,  and  the  leading  men  of  the  immigration  of 
1843  denounced  the  organization  as  a  missionary  ar- 
rangement to  secure  the  most  valuable  farming  lands 
in  the  country." 

The  writer  is  correct  as  to  the  fact  of  confusion  and 
opposition  among  the  people,  but  most  sadly  mistaken 
as  to  the  true  cause.  It  was  not  the  measures  passed  by 
the  Legislative  Committee  of  1844,  but  the  law  of  1843, 
that  caused  the  confusion  and  opposition.  It  is  very 
true  that  many  of  "  the  leading  men  of  the  immigra- 
tion of  1843  denounced  the  organization  as  a  mission- 
ary arrangement  to  secure  the  best  fanning  lands  in  the 
country."  They  had  much  apparent  reason  for  their 
opposition,  and  that  reason  was  found  in  the  laws  of 
1843,  especially  in  the  proviso  allowing  each  mission 
six  miles  square,  and  not  in  the  land  law  of  1844,  which 
repealed  this  objectionable  proviso.  Whatever  else  may 
be  said  against  the  laws  of  1844,  they  were  plain,  sim- 
ple, and  consistent  as  a  whole,  and  could  not  have  pro- 
duced the  confusion  mentioned. 

The  first  time  I  was  in  Oregon  City,  to  the  best  of 
my  recollection,  was  when  I  went  there  to  take  my  seat 
in.  the  Legislative  Committee  in  June,  1844.  Previous 
to  that  time  I  do  not  remember  to  have  seen  the  laws  of 
1843,  After  all  the  examination  I  could  give  them,  I 
saw  that  no  regular  and  efficient  government  could  be 


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THE  LEGISLATIVE  COMMITTEE  OF   1844. 


205 


sustained  ^-ithout  a  revenue  ;  that  no  certain  and  relia- 
ble revenue  could  be  had  without  taxation  ;  that  no  sys- 
tem of  taxation  could  be  enforced  unless  the  great  and 
overwhelming  majority  of  the  people  were  satisfied  with 
the  government,  and  that  such  majority  would  not  sup- 
port the  organization  unless  they  believed  they  were 
receiving  an  equivalent  in  the  form  of  protection  for  the 
money  they  paid  in  the  shape  of  taxes.  Many  good 
men  doubted  our  legal  right  to  organize  any  govern- 
ment. Our  object  was  to  gain  the  consent  of  all  good 
men ;  and,  to  do  this,  we  must  make  good  laws.  Of 
course,  the  bad  would  oppose  all  government. 

In  consulting  upon  our  then  condition,  we  were  for 
a  time  much  perplexed  to  know  what  peaceable  course 
to  pursue,  in  order  to  secure  the  consent  of  all  good  men 
to  our  organization.  We  knew  that  Americans  were 
devotedly  attached  to  two  things  :  land  and  the  privi- 
lege of  voting.  Our  Committee,  therefore,  passed  an 
act  to  provide  by  taxation  the  means  necessary  to  sup- 
port the  government,  the  fourth  section  of  which  was  as 
follows  :  "  Sec.  4.  That  any  person  refusing  to  pay  tax, 
as  in  this  act  reqnire<ii,  shall  have  no  benefit  of  the  laws 
of  Oregon,  and  shall  be  disqualified  from  voting  at  any 
election  in  this  country.** 

By  this  provision  we  plainly  said  to  each  citizen 
substantially  as  follows  :  "  If  you  are  not  willing  to  pay 
your  proportion  of  the  expenses  of  this  government,  you 
can  not  sue  in  our  courts  or  vote  at  our  elections,  but 
you  must  remain  an  outlaw.  If  any  one  should  squat  or 
trespass  on  your  claim,  or  refuse  to  pay  you  what  ho 
owes,  you  can  have  no  protection  from  our  organization. 
If  you  can  do  without  our  assistance,  we  certainly  can 
do  without  yours." 

This  provision  very  soon  had  its  legitimate  effect. 


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206 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


As  the  elections  approached,  those  who  had  been  op- 
posed began  to  doubt,  and  finally  yielded.  The  friends 
of  the  organization  Avere  active,  kind,  and  wise  in  their 
course  toward  those  opposed.  When  one  opposed  to  the 
government  would  state  that  fact,  some  friend  would 
kindly  remind  him  that  his  claim  was  liable  to  be 
"  jumped,"  and  that  he  could  not  alone  defend  his  rights 
against  the  violent  and  unprincipled  ;  and  that  it  was  a 
desolate  and  painful  condition  for  a  citizen,  in  a  civilized 
community,  to  be  an  outlmo. 

After  the  laws  passed  by  the  Legislative  Committee 
of  1844  became  known,  there  was  no  serious  opposition 
anywhere.  It  is  my  solemn  opinion  that  the  organiza- 
tion could  not  have  been  kept  up  under  the  laws  of 
1843. 

On  page  375,  Mr.  Gray,  s  -aking  of  the  Legislative 
Committee  of  1844,  says  : 

"  On  motion  of  Mr.  Love  joy  (another  lawyer),  the 
several  members  were  excused  from  producing  their 
credentials." 

This  statement  is  true,  so  far  as  it  goes  ;  but,  with- 
out the  explanatory  facts,  it  might  convey  a  false  im- 
pression. The  laws  of  1843  made  no  provision  as  to  the 
manner  of  conducting  elections,  except  by  adopting  tlie 
laws  of  Iowa  ;  and  as  there  was  but  one  copy  in  the 
country,  and  this  was  the  first  election  held  in  Oregon, 
and  as  two  thirds  of  the  voters  wei*e  late  immigrants, 
the  various  officers  of  the  election  knew  nothing  of  their 
duties,  and  gave  no  credentials  to  the  members  elect ; 
and,  of  course,  they  could  produce  none.  We  knew  that 
we  had  been  fairly  elected,  and  our  respective  constitu- 
ents also  knew  the  fact,  and  no  one  was  found  to  dis- 
pute it ;  and,  as  credentials  are  only  evidence  of  the  fact 
of  the  election  of  the  person  mentioned,  we  had  in  this 


THE  LEGISLATIVE  COMMITTEE  OF   1844. 


207 


We 


case  the  next  best  evidence  to  prove  oui*  election, 
did  the  best  we  could  under  the  circumstances. 

"  Such  being  the  composition  of  the  Legislative  Com- 
mittee of  Oregon  in  1844,  it  is  not  surprising  that  in- 
terests of  classes  and  cliques  should  find  advocates,  and 
that  the  absolute  wants  of  the  country  should  be  neg- 
lected. The  whole  time  of  the  session  seems  to  have 
been  taken  up  in  the  discussion  of  personal  bills."  (Page 
378.) 

I  find  it  difficult  to  justly  characterize  this  sweeping 
misstatement. 

The  two  sessions  of  the  Committee  of  1844  occu- 
pied together  fifteen  to  seventeen  days  ;  and  in  that 
time  we  passed  forty-three  bills,  some  of  them  of  con- 
siderable length,  and  most  of  them  of  general  impor- 
tance. Among  these  forty-three  acts  there  were  not 
exceeding  eight  that  could  be  properly  termed  personal, 
viz.  :  act  granting  Hugh  Burns  a  right  to  keep  a  public 
ferry  ;  act  authorizing  Robert  Moore  to  establish  and 
keep  a  ferry ;  act  to  authorize  John  McLoughlin  to 
construct  a  canal  around  the  Willamette  Falls  ;  act  for 
the  relief  of  John  Connor  ;  act  appointing  Jesse  Ap- 
plegate  engineer ;  act  authorizing  L.  II.  Judson  and 
W.  H.  Wilson  to  construct  a  mill-race  in  Champoeg 
County  ;  act  amending  the  several  acts  regulating  fer- 
ries ;  act  for  the  relief  of  J.  L.  Meek. 

These  acts  were  all  just  in  themselves,  and  some  of 
them  of  public  importance.  Public  ferries  are  public 
conveniences.  The  act  to  authorize  John  McLoughlin 
to  construct  a  canal  enabled  him  to  bring  the  water  to 
propel  his  extensive  flour-mill,  and  was  of  much  public 
benefit.  The  act  for  the  relief  of  John  Connor  was  a 
short  act  of  one  section,  remitting  a  fine  and  restoring 
him  to  citizenship.    The  act  appointing  Jesse  Applegate 


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208 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


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engineer  authorized  him  to  survey  a  route  for  a  canal 
at  the  expense  of  J.  E.  Long,  and  report  the  result  to 
the  next  session  of  the  Legislature.  The  act  author- 
izing Judson  &  Wilson  to  construct  a  mill-race  was  of  a 
similar  nature  to  the  one  in  regard  to  John  McLough- 
lin.  The  act  to  amend  the  several  acts  regulating  fer- 
ries simply  fixed  the  rate  of  toll  of  the  two  ferries 
across  the  Willamette  River,  at  Oregon  City.  The  act 
for  the  relief  of  J.  L.  Meek  is  a  short  one,  giving  him 
further  time  to  finish  the  collection  of  the  revenue  for 
the  year  1844. 

The  acts  of  the  Legislative  Committee  of  1844  will 
fill  some  thirty  printed  pages,  while  the  laws  of  1843 
only  occupy  seven  pages  of  Gray's  "  History."  If  we 
spent  a  part  of  our  time  in  the  discussion  of  personal 
bills,  we  passed  but  a  few  of  them,  and  did  a  large 
amount  of  other  legislative  work. 

"  The  proposed  constitutional  revision  was  also  strong- 
ly recommended  by  the  Executive  Committee,  and  the 
Legislative  Committee  went  through  the  farce  of  calling 
a  convention,  and  increased  the  number  of  representa- 
tives, and  called  it  a  Legislature."    (Page  383.) 

The  Executive  Committee,  in  their  communication 
to  our  Committee,  dated  December  IG,  1844,  say  : 

"  We  would  advise  that  provision  be  made  by  this 
body  for  the  framing  and  adoption  of  a  constitution 
for  Oregon  previous  to  the  next  annual  election,  which 
may  serve  as  a  more  thorough  guide  to  her  officers  and 
a  more  firm  basis  of  her  laws." 

It  will  be  seen  that,  while  the  Executive  Committee 
recommended  that  provision  should  be  made  for  the 
framing  and  adoption  of  a  constitution  previous  to  the 
then  next  annual  election,  they  did  not  suggest  the  mode 
in  which  this  should  be  done.    Our  Legislative  Commit- 


THE  LEGISLATIVE  COMMITTEE  OF  1844. 


209 


tee  thought  that  a  convention,  composed  of  delegates 
elected  by  the  people  for  the  sole  and  only  purpose  of 
framing  the  fundamental  law,  was  the  American  and 
the  proper  mode.  When  the  people  come  to  choose  dele- 
gates to  a  constitutional  convention,  they  are  very  apt 
to  duly  appreciate  the  great  importance  of  the  work  to 
be  done,  and  will  therefore  generally  select  the  best  and 
most  competent  men  for  that  great  purpose.  The  body 
that  forms  a  constitution  should  have  but  one  task  to 
accomplish,  for  the  simple  and  conclusive  reason  that 
nothing  is  more  difficult  than  to  frame  a  good  constitu- 
tion. The  greatest  statesmen  and  the  mightiest  intel- 
lects among  men  have  essentially  differed  as  to  the  true 
theory  of  a  constitution.  The  members  of  a  constitu- 
tional body  should  not  have  their  attention  distracted 
by  ordinary  statutory  legislation.  A  perfect  constitu- 
tion has  never  yet  been  framed,  and,  most  likely,  never 
will  be. 

While  we  could  not  see  the  great  and  immediate 
necessity  of  a  constitution  for  mere  temporary  govern- 
ment, Ave  thought  that,  if  the  object  sought  was  neces- 
sary at  all,  then  the  work  should  be  well  and  thoroughly 
done,  so  that  our  constitution  would  be  an  honor  to 
our  new  country.  Believing,  as  we  did,  that  a  constitu- 
tional convention  was  the  only  appropriate  and  compe- 
tent body  to  frame  a  constitution  that  would  stand  the 
test  of  fair  criticism,  and  be  beneficial  in  its  practical 
operation,  and  not  seeing  any  jjiessing  necessity  for  im- 
mediate action,  we  did  not  go  "through  the  farce  of 
calling  a  convention,"  as  asserted  by  the  author ;  but 
we  passed  the  following  act,  December  24,  1844 : 

Section  1.  That  the  Executive  Committee  shall,  in  the  man- 
ner prescribed  by  law  for  notifying  elections  in  Oregon,  notify 
the  inhabitants  of  all  the  respective  counties  qualified  to  vote 


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210 


UECOLLECTIONS  OF  AN   OLD  PIONEER. 


m 


for  members  of  the  Legislature  at  tbeir  next  annual  election,  to 
give  in  their  votes  for  or  against  the  call  of  a  convention. 

Seo.  2.  The  said  votes  shall  be  in  open  meeting  received, 
assorted,  and  counted,  and  a  true  return  thereof  made  to  the 
Executive  Committee,  agreeable  to  the  requisitions  of  the  law 
regulating  elections. 

Sec.  3.  It  shall  be  the  duty  of  the  Executive  to  lay  the  re- 
sult of  the  said  vote  before  the  Legislative  Committee  for  their 
information. 


Ill 


I 


While  we  had  our  doubts  as  to  the  necessity  of  a 
constitution  for  a  mere  temporary  government  (which 
we  then  had  every  reason  to  believe  would  last  only  a 
year  or  two),  we  thought  it  but  just  to  submit  the  ques- 
tion of  calling  a  convention  to  the  people  for  their  deci- 
sion. It  is  usual  to  submit  such  a  question  to  the  peo- 
ple, as  was  lately  done  in  California. 

The  treaty  of  June  15,  1846,  between  Great  Britain 
and  the  United  States,  settled  the  question  of  sover- 
eignty over  Oregon  in  favor  of  our  country  ;  and  the 
act  of  Congress  creating  a  Territorial  government  was 
passed  August  14,  1848.  The  treaty  was  delayed  be- 
yond our  reasonable  expectations  ;  and  the  creation  of 
a  Territorial  organization  i^as  postponed  by  the  Mexi- 
can war,  which  war  v, .«:  not  foreseen  by  our  Committee 
in  December,  1844, 

We  did  increase  the  number  of  representatives  from 
nine  to  thirteen,  and  we  really  thought  we  were  moder- 
ate in  this  respect.  According  to  Mr.  Gray's  estimate, 
the  i'Timigration  of  1843  amounted  to  eight  hundred 
and  se\enty-five  persons,  and  the  whole  population  at 
the  end  of  that  year  to  about  twelve  hundred  people. 
(Pages  380-'61.)  If,  then,  some  three  hundred  and 
twenty-fiAC  persons  were  entitled,  under  the  laws  of 
1843,  to  1  ine  members  in  the  Legislative  Committee, 


I! 


THE   LEGISLATIVE  COMMITTEE  OF   1844.  Q^ 

how  many  representatives  should  twelve  hundred  have 
had  under  the  law  of  1844  ?  We  only  increased  the 
number  of  members  from  nine  to  thirteen,  when  the 
same  ratio  of  representation  to  population  would  have 
given  us  twenty-seven.  We  did  call  the  law-making 
body  of  Oregon  a  Legislature,  and  left  off  the  word 
"  Committee  "  for  reasons  already  stated. 


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CHAPTER  V. 


THE  ACT  IN  REGARD  TO  SLAVERY  AND  FREE  NEGROES 
AND  MULATTOES — MISREPRESENTATIONS  OF  W.  H. 
GRAY. 


Mr.  Gray,  in  speaking  of  the  Legislative  Commit- 
tee of  1844,  savs  : 

"  There  was  one  inhuman  act  passed  by  this  Legisla- 
tive Committee,  which  should  stamp  the  names  of  its 
supporters  with  disgrace  and  infamy."     (Page  378.) 

"  The  principal  provisions  of  this  bill  were,  that  in 
case  a  colored  man  was  brought  to  the  country  by  any 
master  of  a  vessel,  he  must  give  bonds  to  take  him 
away  again  or  be  fined ;  and  in  case  the  negro  was 
found,  or  came  here  from  any  quarter,  the  sheriff  was 
to  catch  him  and  flog  him  forty  lashes  at  a  time,  till  he 
left  the  country."     (Page  378.) 

"The  principles  of  Burnett's  bill  made  it  a  crime 
for  a  white  man  to  bring  a  negro  to  the  country,  and  a 
crime  for  a  negi'o  to  come  voluntarily  ;  so  that  in  any 
case,  if  he  were  found  in  the  country  he  was  guilty  of 
a  crime,  and  punishment  or  slavery  was  his  doom." 
(Page  379.) 

"  At  the  adjourned  session  in  December  we  find  the 
Executive  urging  the  Legislative  Committee  ....  to 
amend  their  act  relative  to  the  corporal  punishment  of 
the  blacks,"  etc.     (Page  379.) 


i 


iff 


THE  ACT  IN  REGARD  TO  SLAVERY. 


213 


"  To  the  honor  of  the  country,  Peter  H.  Burnett's 
negro-whipping  law  was  never  enforced  in  a  single 
instance  against  a  white  or  black  man,  as  no  officer  of 
the  provisional  government  felt  it  incumbent  upon  him- 
self to  attempt  to  enforce  it."     (Page  383.) 

This  is  all  the  information  given  by  Mr.  Gray  as  to 
the  provisions  of  this  act,  and  nothing  is  said  as  to  its 
amendment.     The  act  is  as  follows  : 

An  Act  in  regard  to  Slavery  and  Free  Negroes  and  Mulattocs. 

Be  it  enacted  hy  the  Legislative  Committee  of  Oregon  as/ollows  : 

Section  1.  That  slavery  and  involuntary  servitude  shall  be 
for  ever  prohibited  in  Oregon. 

Skc.  2.  That  in  all  cases  where  slaves  shall  have  been,  or 
shall  hereafter  be,  brought  into  Oregon,  the  owners  of  such 
slaves  respectively  shall  have  the  term  of  three  years  from  the 
introduction  of  such  slaves  to  remove  them  out  of  the  country. 

Sec.  8.  That  if  such  owners  of  slaves  shall  neglect  or  re- 
fuse to  remove  such  slaves  from  the  country  within  the  time 
specified  in  the  preceding  section,  such  slaves  shall  be  free. 

Sec.  4.  That  when  any  free  negro  or  mulatto  shall  have 
come  to  Oregon,  hr^  (>r  she  (ns  the  case  may  be),  if  of  the  age 
of  eighteen  or  apwavd,  shall  romove  from  and  leave  the  country 
within  the  term  of  two  years  for  males  and  three  years  for  fe- 
males from  the  passage  of  this  act ;  and  that  if  any  free  negro 
or  mulatto  shall  herpnfter  come  to  Oregon,  if  of  the  age  afore- 
said, he  or  she  shall  quit  and  leave  the  country  within  the  term 
of  two  years  for  males  and  three  years  for  females  from  his  or 
her  arrival  in  the  country. 

Sec.  5.  That  if  such  free  negro  or  mulatto  bo  under  the  age 
aforesaid,  the  terms  of  time  specified  in  the  preceding  section 
shall  begin  to  run  when  he  or  she  shall  arrive  at  such  age. 

Sko.  6.  That  if  any  such  free  negro  or  mulatto  shall  fail  to 
quit  the  country  as  required  by  this  act,  he  or  she  may  be  ar- 
rested upon  a  warrant  issued  by  some  justice  of  the  peace,  and, 
if  guilty  upon  trial  before  such  justice,  shull  receive  upon  his  or 


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214 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


her  bare  back  not  less  than  twenty  nor  more  than  tliirty-nine 
stripes,  to  bo  inflicted  by  the  constable  of  the  proper  county. 

Sko.  7.  That  if  any  free  negro  or  muhitto  shall  fail  to  quit 
the  country  within  the  term  of  six  months  after  receiving  such 
stripes,  he  or  she  shall  again  receive  the  same  punishment  once 
in  every  six  months  until  he  or  she  shall  quit  the  country. 

Sec.  8.  That  when  any  slave  shall  obtain  his  or  her  freedom, 
the  time  specified  in  the  fourth  section  shall  begin  to  run  from 
the  time  when  such  freedom  shall  be  obtained. 

UjsfiTED   STATES   OF   AMEBICA. 

State  of  Oregon,  ) 

Secretary's  Office,  f  Salem,  June  10, 1878. 

I,  S.  F.  Chadwick,  Secretary  of  the  State  of  Oregon,  do 
hereby  certify  tliat  I  am  the  custodian  of  the  Groat  Seal  of  the 
State  of  Oregon.  That  the  foregoing  copy  of  original  bill  for 
an  act  in  regard  to  slavery  and  free  negroes  and  mulattocs 
passed  the  Legislative  Committee  of  tlie  Territory  of  Oregon 
June  26,  1844,  has  been  by  me  compared  with  the  original  bill 
for  an  act,  etc.,  on  file  in  this  office,  and  said  copy  is  a  correct 
transcrii)t  therefrom,  and  of  the  whole  of  the  said  original  bill. 
In  witness  whereof,  I  have  hereto  set  my  hand 

(  ^,^  I     and  affixed  the  Groat  Seal  of  the  State  of  Oregon, 

'  — , —  '     the  diiy  and  year  above  written. 

S.    F.    CUADWICK, 

Secretary  of  the  State  of  Oregon. 
By  Thomas  B.  Jackson, 

Assistant  Secretary  of  State. 

The  Exocutivo  Committee,  in  tlieir  communication 
to  the  Legislative  Committee,  dated  December  16,  1844, 
made  tliis  recommendation  : 

"  We  would  recommend  that  the  act  passed  by  this 
Assembly  in  June  last,  relative  to  blacks  and  mulattoes, 
be  so  amended  as  to  exclude  corporal  punishment,  and 
require  bonds  for  good  behavior  in  its  stead,"  (*'  Ore- 
gon Laws  and  Archives,"  58.)  • 


I 


this 
toes, 

and 
Ore- 


THE  ACT  IN  REGARD  TO  SLAVERY. 


215 


At  the  December  session  I  introduced  the  following 
bill,  which  was  passed  December  19,  1844  : 

An  Act  amendatory  of  an  Act  jyassed  June  26,  1844,  *"«■  ^«- 
gai'd  to  slavery  and  for  other  purposes. 

Be  it  enacted  by  the  Legislative  Committee  of  Oregon  aafolloios: 

Section  1.  That  the  sixth  and  seventh  sections  of  said  act 
are  hereby  repealed. 

Sec  2.  Tliat  if  any  such  free  negro  or  mulatto  shall  fail  to 
quit,  and  leave  the  country,  as  required  by  the  act  to  which  this 
is  amendatory,  he  or  she  may  be  arrested  upon  a  s^arrant  issued 
by  some  justice  of  the  peace ;  and  if  guilty  upon  trial  before 
such  justice  had,  the  said  justice  shall  issue  his  order  to  any 
officer  competent  to  execute  process,  directing  said  officer  to 
give  ten  days'  pubUc  notice,  by  at  least  four  written  or  printed 
advertisements,  that  he  will  publicly  hire  out  such  free  negro 
or  mulatto  to  the  lowest  bidder,  on  a  day  and  at  a  place  there- 
in specified.  On  the  day  and  at  the  phice  mentioned  in  said 
notice,  such  officer  sliall  expose  such  free  negro  or  mulatto  to 
public  liiring ;  and  tlio  person  who  will  obligate  himself  to  re- 
move such  free  negro  or  mulatto  from  the  country  for  the 
■il ortest  term  of  service,  shall  enter  into  a  bond  with  good  and 
•  .iflicient  security  to  Oregon,  in  a  penalty  of  at  least  one  thou- 
:  md  dollars,  binding  himself  to  i-emove  said  negro  or  mulatto 
out  of  the  country  within  six  months  after  such  service  shall 
erjiire;  whicli  bond  shall  be  filed  in  the  clerk's  office  in  the 
proper  county  ;  and  upon  failure  to  perform  the  conditions  of 
said  bond,  the  attorney  j)rosccnting  for  Oregon  shall  comraenco 
a  suit  upon  a  certified  copy  of  such  bond  in  the  circuit  court 
against  such  delinquent  and  his  stireties. 

It  will  be  readily  seen  how  much  the  original  act 
differs  fi-om  Mr.  Gray's  statement  of  its  substance. 

Not  a  word  is  said  in  the  original  act  about  the 
criminality  of  the  master  of  a  vessel  in  bringing  a  col- 
ored man  into  the  country.  The  assertion  that  "  the 
sheriff  was  to  catch  the  nccro  and  flog  him  forty  lashes 


I   1  ; 


4 


'gr( 


si. 


li    il,  f,< 

111  H 


•ill 


I, 


1  m 

■A 

ei  'I   V  . 


216 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


w 


mm 


f.!i 


at  a  time,  until  he  left  the  country,"  is  not  only  untrue, 
but  the  statement  conveys  the  idea  that  the  sheriff  was 
himself  to  be  the  sole  judge,  both  as  to  the  guilt  of  the 
negro  and  as  to  how  often  the  flogging  should  be  re- 
peated. The  act,  on  the  contrary,  required  a  judicial 
trial  be  '  >.e  a  justice  of  the  peace,  and  that  the  punish- 
ment shv.  L  ,ly  be  inflicted  in  obedience  to  his  order 
by  a  consta .  .  The  general  right  of  appeal  to  a  higher 
court  existed  in  these,  as  in  other  cases,  under  section 
3,  Ai'ticle  II.,  of  the  "  Act  regulating  the  Judiciary  and 
for  other  purposes." 

The  statement  that  the  principles  of  the  original  act 
"  made  it  a  crime  for  a  white  man  to  bring  a  negro  to 
the  country  "  is  equally  untrue,  as  will  be  readily  seen. 
A  crime  is  an  offense  for  which  the  party  may  be  ar- 
rested, tried,  convicted,  and  punished  ;  and  there  is  no 
provision  in  the  act  authorizing  the  arrest  of  a  white 
man  for  any  act  whatever. 

It  is  perfectly  clear  that  Mr.  Gray  either  willfully 
misrepresented  the  original  act,  or  attempted  to  state 
its  substance  from  memory  ;  and  if  the  latter  be  true, 
then,  as  his  memory  was  bad  and  his  prejudices  great, 
he  misrepresented  the  measure,  and  made  it  much  worse 
than  it  really  was.  There  can  be  no  excuse  for  the  mis- 
representation of  an  act  by  a  grave  historian,  especially 
one  that  he  condemns  in  the  harshest  language,  when 
he  has  easy  access  to  the  act  itself. 

But  he  not  only  essentially  misrepresents  the  original 
act  itself,  but  entirely  ignores  the  amendatory  bill ;  and 
does  it  in  such  a  way  as  to  increr.se  the  censure  of  the 
Legislative  L'ommittee  of  1844.  There  are  two  modes 
of  falsehood  :  false  statement  of  fact,  and  false  suppres- 
sion of  the  truth.  The  historian  first  misrepresents  the 
substance  of  the  original  act,  then  informs  the  reader 


THE  ACT  IN  REGARD  TO  SLAVERY. 


217 


that  the  Executive  urged  its  amendment,  and  then  sup- 
presses the  fact  that  the  act  was  amended.  This  mode 
of  historical  misstatement  and  suppression  left  the  read- 
er to  say  to  himself,  "  These  men  iirst  passed  an  act  con- 
taining objectionable  provisions,  and  then  obstinately 
refused  to  amend,  when  their  attention  was  urgently 
called  to  the  error."  Throughout  his  history  of  this 
act,  he  represents  it  as  unamended  and  as  in  full  force 
according  to  its  own  terms ;  and  his  last  words  in  re- 
gard to  it  are,  that  "  Burnett's  negro- whipping  law  was 
never  enforced  in  a  single  instance,  against  a  white  or 
black  man,  as  no  officer  of  the  provisional  government 
felt  it  incumbent  upon  himself  to  attempt  to  enforce 
it." 

It  will  be  seen,  by  an  inspection  of  the  original  act 
itself,  that  it  was  jjrospectivey  and  that  not  a  single  case 
could  possibly  arise  under  it  until  the  expiration  of  two 
years  after  its  2^c(ssaf/e  /  and  that  no  officer  was  re- 
quired to  act  until  he  was  commanded  to  do  so  by  the 
regular  warrant  or  order  of  a  justice  of  the  peace.  In 
the  mean  time,  and  eighteen  months  before  a  single  case 
could  possibly  arise  under  the  act,  it  was  amended  by 
the  very  same  body  that  passed  the  original  bill,  and 
at  the  instance  of  the  very  same  member  who  intro- 
duced it. 

An  act  that  is  simply  prospective,  and  does  not  take 
effect  until  two  years  after  the  date  of  its  passage,  is  an 
incomplete  measure,  liable  to  be  amended  at  any  time 
before  it  goes  into  operation  ;  and,  if  amended  before 
any  one  suffers  any  injury  from  its  erroneous  provisions, 
those  provisions  are  as  if  they  never  had  been.  It  is 
like  a  bill  imperfect  when  first  introduced  by  a  member 
of  a  legislative  body,  and  so  amended  by  the  author, 
before  its  final  passage,  as  to  remove  its  objectionable 


m 


M"l 


mi: 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


*i 


h'i'i'ii 


features.  In  such  case,  no  sensible  man  would  censure 
the  introducer  for  mistakes  he  himself  had  corrected. 
All  that  could  be  said  is,  that  the  second  sober  thought 
of  the  member  was  better  than  his  first  hasty  thought. 

It  was  substantially  so  in  this  case.  In  the  hurry  of 
the  June  session  of  1844  I  could  not  think  of  any  other 
mode  of  enforcing  the  act  but  the  one  adopted  ;  but  by 
the  December  session  of  1844  I  had  found  another  and 
less  objectionable  remedy,  and  promptly  adopted  it. 
This  remedy  was  not  the  one  urged  by  the  Executi  e 
Committee,  as  will  easily  Jbe  seen.  Neither  myself  nor 
the  other  members  who  voted  for  the  original  bill  are 
responsible  for  the  objectionable  features  of  the  measure 
because  we  ourselves  corrected  the  error.  I  maintain  as 
true  this  general  proposition  :  that  a  person  who  com- 
mits a  mistake,  and  then  corrects  it  himself,  before  any 
one  suffers  in  consequence  of  it,  deserves  commendation 
rather  than  censure  ;  because  the  act  of  correction  shows 
a  love  of  justice,  and  a  magnanimous  willingness  to  ad- 
mit and  correct  error.  All  the  intense  indignation  of 
the  historian  is,  therefore,  thrown  away  upon  an  imagi- 
nary evil,  about  which  he  is  as  much  mistaken  as  the  girl 
that  wept  over  the  imaginary  death  of  her  imaginary 
infant. 

On  page  378  the  historian  gives,  j^rofesscdl;/  from 
the  Journal,  the  yeas  and  nays  upon  the  final  passage 
of  the  original  bill,  as  follows  :  "Yeas,  Burnett,  Gilmore, 
Keizer,  Waldo,  Newell,  and  Mr.  Speaker  McCarver— 6  ; 
Nays,  Lovejoy  and  Hill — 2."  He  then  informs  us,  as  al- 
ready stated,  that  the  Executive  urged  the  amendment 
of  the  act  at  the  December  session,  1844  ;  and  then,  on 
pages  380-'3,  gives  the  communication  of  the  Executive 
Committee  in  full.  Now,  as  he  had  the  Journal  before 
him,  why  did  he  not  follow  it  up  to  the  short  December 


t 
I 
c 

t 

n 
^1 
c 
r 

tl 


A  PROniEITO.'^Y   LIQUOR  LAW. 


219 


om 
sage 
ore, 

0; 

al- 
nent 

on 
itive 
fore 
nber 


session,  and  ascertain  what  the  Legislative  Committee 
had  done,  if  anything,  in  regard  to  amending  this  act  ? 

His  history  of  the  proceedings  of  the  Committee  of 
1844  is  very  short  ;  but,  concise  as  it  is,  it  is  full  of  fla- 
grant misrepresentations.  There  was  one  act,  however, 
chat  he  affirmatively  approved  ;  and  yet,  so  great  was 
his  prejudice,  that  he  wrongfully  imputes  a  bad  mo- 
tive for  a  confessedly  good  act.  He  says,  on  page  379, 
*'  Mr.  Burnett  claimci  great  credit  for  getting  up  a  pro- 
hibitory liquor  law,  and  made  several  speeches  in  favor 
of  sustaining  it,  that  being  a  popular  measure  among  a 
majority  of  the  citizens." 

All  our  legislation  under  the  provisional  government 
was  based  upon  the  settled  conviction  that  Oregon  would 
be  the  first  American  State  on  the  Pacific.  We  consid- 
ered ourselves  as  the  founders  of  a  new  State  of  the 
great  American  Union. 

At  the  time  this  measure  was  passed,  each  State  had 
the  constitutional  right  to  determine  who  should  be  citi- 
zens, and  who  residents.  Any  person  born  on  the  soil 
of  a  State  had  the  natural,  moral,  and  legal  right  to  a 
residence  within  that  State,  while  conducting  himself 
properly  ;  because  the  place  of  one's  birth  is  an  acci- 
dental circumstance,  over  which  he  can  have  no  control. 
But,  for  the  very  reason  that  every  human  being  has 
the  right  of  domicile  in  the  place  of  his  nativity,  he  is 
not,  as  a  matter  of  right,  entitled  to  a  residence  in  an- 
other community.  If  that  other  community  denies  him 
the  privilege  of  such  residence,  it  denies  him  no  right, 
natural  or  acquired,  but  only  refuses  a  favor  asked. 
The  territory  of  a  State  belongs  to  its  people,  as  if  they 
constituted  one  family  ;  and  no  one  not  a  native  has  a 
right  to  complain  that  he  is  not  allowed  to  form  one  of 
this  family.     Although  every  one,  under  the  broad  and 


%' 


M 


\A 


I 


it  ( 


! 


I.  .' 


■^i.W 


1'. 


•  ii     j.l'l 


.'  i.i. 


I"    f 


If^ 


»  ' 


220 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


W^' 


y  m^ 


enlarged  principles  of  law  and  justice,  has  the  right  to 
quit  his  original  domicile  at  his  pleasure,  he  has  not  the 
equal  right  to  acquire  a  new  residence  in  another  com- 
munity against  its  consent.  "  The  bird  has  the  right 
to  leave  its  parent-nest,"  but  has  not,  for  that  reason, 
the  equal  right  to  occupy  the  nest  of  another  bird.  A 
man  may  demand  his  rights,  and  justly  complain  when 
they  are  denied ;  but  he  can  not  demand  favors,  and 
can  not  reasonably  complain  when  they  are  refused. 

The  principle  is  no  doubt  correct  that  when  a  State, 
for  reasons  satisfactory  to  itself,  denies  the  right  of  suf- 
frage and  office  to  a  certain  class,  it  is  sometimes  the 
best  humanity  also  to  deny  the  privilege  of  residence. 
If  the  prejudices  or  the  just  reasons  of  a  community  are 
so  great  that  they  can  not  or  will  not  trust  a  certain 
class  with  those  privileges  that  are  indispensable  to  the 
improvement  and  elevation  of  such  class,  it  is  most  con- 
sistent, in  some  cases,  to  refuse  that  class  a  residence. 
Placed  in  a  degraded  and  subordinate  political  and  so- 
cial position,  which  continually  reminds  them  of  their 
inferiority,  and  of  the  utter  hopelessness  of  all  attempts 
to  improve  their  condition  as  a  class,  they  are  left  with- 
out adequate  motive  to  waste  their  labor  for  that  im- 
provement which,  when  attained,  brings  them  no  reward. 
To  have  such  a  class  of  men  in  their  midst  is  injurious 
to  the  dominant  class  itself,  as  such  a  degraded  and 
practically  defenseless  condition  offers  so  many  tempta- 
tions to  tyrannical  abuse.  One  of  the  great  objections 
to  the  institution  of  slavery  was  its  bad  influence  upon 
the  governing  race. 

Had  I  foreseen  the  civil  war,  and  the  changes  it  has 
produced,  I  would  not  have  supported  such  a  measure. 
But  at  the  time  I  did  not  suppose  such  changes  could 
be  brought  about ;  and  the  fundamental  error  was  then 


u 


OPPOSITION  TO  SLAVERY. 


221 


found  in  the  organic  laws  of  Oregon  adopted  in  1843. 
Article  lY.,  section  2,  of  those  laws  conferred  the  right 
to  vote  and  hold  office  upon  every  free  male  descendant 
of  a  white  man,  inhabitant  of  Oregon  Territory,  of  the 
age  of  tAventy-one  years  and  upward.  (Gray's  "Ore- 
gon," 354.)  While  the  organic  laws  of  1843  professedly 
admitted  all  of  the  disfranchised  class  to  reside  in  the 
Territory,  they  were  so  framed  as  effectually  to  exclude 
the  better  portion  ;  for  surely  every  intelligent  and  in- 
dependent man  of  color  would  have  scorned  the  pitiful 
boon  offered  him  of  a  residence  under  conditions  so 
humiliating. 

For  years  I  had  been  opposed  to  slavery,  as  injurious 
to  both  races.  While  I  resided  in  Tennessee  and  Mis- 
souri, there  was  no  discussion  upon  the  subject  of  manu- 
mitting the  sla^'es  in  those  States.  I  was  not  then  in 
circumstances  that  made  it  proper  to  discuss  the  ques- 
tion. But  when  I  arrived  in  Oregon,  the  first  oppor- 
tunity I  had,  I  voted  against  slavery  while  a  member  of 
the  Legislative  Committee  of  1844.  I  presided  at  a 
public  meeting  at  Sacramento  City,  January  8,  1849, 
that  unanimously  voted  for  a  resolution  opposing  slavery 
in  California.  This  was  the  first  public  meeting  in  this 
country  that  expressed  its  opposition  to  that  institution. 
A  public  meeting  was  held  in  San  Francisco,  February 
17,  1849,  which  endorsed  the  resolution  against  slavery 
passed  at  Sacramento.  ("Alta  California,"  February 
22,  1849.) 

As  already  stated,  one  of  the  objects  I  had  in  view 
in  coming  to  this  coast  was  to  aid  in  building  up  a  great 
American  community  on  the  Pacific  ;  and,  in  the  enthu- 
siasm of  my  nature,  I  was  anxious  to  aid  in  founding  a 
State  superior  in  several  respects  to  those  east  of  the 
Rocky  Mountains.    I  therefore  labored  to  avoid  the  evils 


\Y 


222 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


of  intoxication  and  of  mixed  races,  one  of  which  was 
disfranchised. 


:b 


W.  II.  GRAY — CIIITICISM    UPON   THE    HISTORY  OF  OREGOX. 

It  is  more  charitable  to  impute  Mr.  Gray's  misrep- 
resentations to  inveterate  prejudice  than  to  deliberate 
malice.  Some  men  seem  to  become  the  slaves  of  preju- 
dice from  long  indulgence,  until  it  grows  into  a  chronic 
habit ;  and  it  is  about  as  easy  to  make  an  angel  of  a 
goat  as  an  impartial  historian  of  a  prejudiced  man. 
His  book,  in  my  best  judgment,  is  a  bitter,  prejudiced, 
sectarian,  controversial  work,  in  the  form  of  history  ; 
wherein  the  author  acts  as  historian,  controvcrtist,  and 
witness. 

I  readily  admit  that  circumstances  may  place  a  good 
man  in  this  unpleasant  position  ;  but,  if  so,  he  should 
fully  comprehend  the  extreme  delicacy  of  the  situation, 
and  should  rise  with  the  occasion  to  the  dignity  of  tem- 
perate and  impartial  history.  lie  should  make  no 
appeals  to  prejudice,  and  should  not,  in  advance,  load 
down  with  derisive  epithets  those  he  in  his  own  opinion 
is  finally  compelled  to  condemn  ;  but  should  err,  if  at 
all,  on  the  side  of  charity,  and  not  against  it. 

The  great  Dr.  Samuel  Johnson,  in  speaking  of  Bur- 
net's "  History  of  his  own  Times,"  said  :  "  I  do  not  be- 
lieve that  Burnet  intentionally  lied  ;  but  he  was  so 
much  prejudiced  that  he  took  no  pains  to  find  out  the 
truth.  He  was  like  a  man  who  resolves  to  regulate  his 
time  by  a  certain  watch,  but  will  not  inquire  whether 
the  watch  is  right  or  not."  (Boswell's  *'  Life  of  John- 
son," vol.  ii.,  p.  264.) 

I  think  this  opinion  applicable  to  Gray's  "  History." 
I  hwic  he  has  done  myself  and  the  Legislative  Commit- 


CRITICISM  ON   GRAY'S  "OREGON." 


223 


tee  of  1844  great  injustice  ;  and  I  have  every  reason  to 
believe  that  he  has  been  equally  unjust  to  otheri. 

For  example,  the  historian  gives  the  lettei*  of  Mr. 
McBean,  written  at  Fort  Nez  Perces,  dated  November 
30,  1847,  and  addressed  to  the  Board  of  Managers  of 
the  Hudson's  Bay  Company  at  Fort  Vancouver,  and  the 
letters  of  Mr.  Douglas  and  Mr.  Ilinman  to  Governor 
Abernethy  (pages  519,  524,  and  530).  I  will  give  so 
much  of  these  last  two  letters  as  may  be  necessary  to 
the  point  I  make  : 

Fort  Vancouver,  December  7, 1847. 

George  Abernethy,  Esq. — Sib  :  Having  received  intelli- 
gence last  night  (on  the  4th),  hy  special  express  from  Walla 
Walla,  of  the  destruction  of  the  mkiionanj  settlement  at  Wailat- 
jm  hy  the  Cayme  Indians  of  that  j^lace,  we  hasten  to  commu- 
nicate the  particulars  of  that  dreadful  event,  one  of  the  most 
atrocious  which  darken  the  annals  of  Indian  crime.  .  .  . 

James  Douglas. 

Fort  Vancouver,  December  4,  1847. 

Mr.  George  Arernetht — Dear  Sir  :  A  Frenchman  from 
Walla  Walla  arrived  at  my  place  on  last  Saturday,  and  informed 
me  tliat  he  was  on  his  wr/  to  Vancouver,  and  wished  me  to 
assist  in  procuring  him  a  canoe  immediately.  I  was  very  in- 
quisitive to  know  if  there  was  any  difficulty  above.  He  said 
four  Frenchmen  had  died  recently,  and  he  wished  to  get  othord 
to  occupy  their  places. 

I  immediately  got  him  a  canoe,  and  concluded  to  go  in  com- 
pany with  him  in  order  to  get  some  medicine  for  the  Indians, 
as  they  were  dying  off  with  measles  and  other  diseases  very 
fast.  I  was  charged  with  indifference.  They  said  we  were 
killing  in  not  giving  them  medicines,  and  I  found,  if  we  were 
not  exposing  our  lives,  we  were  our  peace,  and  consequently  I 
set  out  for  this  place.  This  side  of  the  Cascades  I  was  made  ac- 
quainted with  the  horrible  massacre  that  took  place  at  Wailatpu 
last  Monday.  .  .  .  Alansan  Hinman. 


•^ 


.'vtl 


1 1 


1 

^i , 

jj 

i 

1 

1  ! 

i 

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■  ' 

.'11,1 

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'1 

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224 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


The  words  ("  on  the  4th  ")  arc  put  into  the  letter  of 
Mr.  Douglas  by  the  historian^ to  call  the  attention  of  his 
readers  to  the  discrepancy  in  the  dates  of  the  two  let- 
ters. Upon  these  two  letters  he  makes  the  following 
comments,  among  others  (page  531)  : 

Thore  is  one  other  fact  in  connection  with  this  transaction 
that  looks  dark  on  the  part  of  Sir  James  Douglas.  It  is  shown 
in  the  dates  of  the  several  letters.  Mr.  Hinman's  is  dated  De- 
cember 4th ;  Mr.  Douglas's,  December  7th,  that  to  the  Sand- 
wich Islands,  December  9th.  Now,  between  the  4th  and  7th 
are  three  days.  In  a  case  of  so  much  importance  and  professed 
sympathy,  as  expressed  in  his  letter,  how  is  it  that  three,  or 
even  two,  days  were  allowed  to  pass  without  sending  a  dispatr' 
informing  Governor  Abernethy  of  what  had  happened,  and 
what  was  expected  to  take  place  ? 

The  distance  from  "Wailatpu  (Dr.  Whitman's  mission) 
to  Walla  Walla  (Fort  Nez  Perces)  was  about  twenty- 
five  miles,  and  irom  Walla  Walla  to  Wascopum  (Mr. 
Hinman's  place  at  the  Dalles)  about  one  hundred  and 
forty  miles.  The  massacre  took  place  on  the  afternoon 
of  Monday,  November  29,  1847.  Mr.  McBean  states  in 
his  letter,  dated  Tuesday,  the  last  day  of  November, 
1847,  that  he  was  first  apprised  of  the  massacre  early 
that  morning  by  Mr.  Hall,  who  arrived  half  naked  and 
covered  with  blood.  As  Mr.  Hall  started  at  the  outset, 
his  information  was  not  satisfactory  ;  and  he  (McBean) 
sent  his  interpreter  and  another  man  to  the  mission.  As 
the  two  messengers  had  to  travel  twenty-five  miles  to 
the  mission  and  the  same  distance  back  again,  Mr.  Mc- 
Bean's  letter  must  have  been  written  late  on  Tuesday 
night ;  and  the  messenger  he  sent  to  Vancouver  must 
have  left  on  Wednesday  morning,  December  1st.  This 
messenger  must  have  traveled  the  one  hundred  and 
forty  miles  from  Walla  Walla  to  the  Dalles  on  one 


f 


w^ 


■  If 


CRITICISM  ON  GRAY'S  "OREGON." 


225 


1 


horse,  and  could  not  have  reached  there  before  late  on 
Friday,  December  3d.  To  do  this  he  would  have  had 
to  travel  about  forty-six  miles  a  day.  To  go  from  the 
Dalles  to  Vancouver  in  a  canoe,  and  be  "  wind-bound  " 
at  Cape  Horn  (as  Mr.  Gray  states  on  page  517),  in  much 
less  time  than  three  days,  would  be  very  difficult  indeed. 
No  one  knew  any  better  than  Mr.  Gray  the  distance 
traveled,  and  the  time  it  would  occupy  under  the  then 
existing  circumstances. 

The  historian,  on  page  535,  gives  the  <  ommunication 
of  Governor  Abernethy  to  the  Legislative  Assembly  of 
Oregon,  dated  December  8,  1847.  How,  then,  could 
Mr.  Hinman  be  at  Vancouver  on  Saturday,  December 
4,  1847  ?  And,  had  he  written  his  letter  there  on  that 
day,  why  did  it  not  reach  Governor  Abernethy  two  or 
three  days  in  advance  of  that  of  Mr.  Douglas,  dated 
December  7th  ?  But  there  is  on  the  face  of  Mr.  llin- 
man's  letter  itself  conclusive  evidence  that  his  date,  as 
giveUy  is  an  error.  He  says  :  "  A  Frenchman  from 
Walla  Walla  arrived  at  my  place  on  last  Saturday." 
Now,  if  his  letter  had  been  correctly  dated  December  4, 
1847,  then  the  "  last  Saturday  "  mentioned  would  have 
been  November  27th,  two  days  before  the  massacre 
took  place.  It  seems  plain  that  Mr.  Hinman  and  the 
Frenchman  arrived  at  Vancouver  Monday  evening,  De- 
cember 6th,  and  that  Mr.  Hinman  wrote  his  letter  that 
evening,  and  Mr.  Douglas  his  the  next  day,  as  he  states. 
Upon  this  supposition  Mr.  Hinman  could  correctly  say, 
"  the  horrible  massacre  that  took  place  at  Wailatpu  last 
Monday."  It  may  be  that  the  figure  6  in  Mr.  Ilinman's 
letter  was  mistaken  for  the  figure  4 ;  or  it  may  have 
been  a  typographical  error  in  publishing  the  letter  ;  or 
Mr.  Hinman,  in  the  excitement  of  the  moment,  may  have 
mistaken  the  date.    That  there  was  a  mistake  in  the 


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RECOLLECTIONS  OF  AN  OLD  PIONEER. 


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date  of  Mr.  Hinman's  letter,  as  given  by  the  historian, 
is  quite  certain. 

Would  an  impartial  historian  have  made  so  gross  a 
mistake  as  this  against  any  man  of  respectable  standing, 
whom  he  accused  of  the  most  atrocious  crime  ?  Would 
he  have  seized  upon  this  discrepancy  in  dates  as  evi- 
dence, without  careful  investigation  ?  An  impartial  his- 
torian will  put  himself  on  the  side  of  the  accused  when 
weighing  and  scrutinizing  testimony,  however  guilty  he 
may  think  him  to  be.  He  will  not  form  an  opinion  that 
the  accused  is  guilty  unless  he,  the  impartial  historian, 
thinks  the  good  and  legitimate  evidence  amply  suffi- 
cient ;  and  therefore,  in  his  view,  he  need  not  rely,  even 
in  part,  upon  false  testimony  ;  and  he  will  be  the  more 
cautious  and  careful,  in  proportion  to  the  gravity  of  llie 
crime  charged.  The  massacre  being  a  most  noted  event, 
and  its  date  being  Monday,  November  29th,  and  Mr. 
Ilinmnn's  letter  December  4th,  it  was  easy  to  see  that  the 
latter  day  was  Saturday.  But  the  historian  "  was  so  much 
prejudiced  that  he  took  no  pains  to  find  out  the  truth." 

It  seems  that  a  public  meeting  was  held  in  Oregon 
on  the  18th  of  February,  1841,  at  which  a  committee 
of  nine  persons  was  chosen  "  to  form  a  constitution  and 
draft  a  code  of  laws  "  ;  and  that  the  Rev.  F.  N.  Blanchet 
was  one  of  this  committee.  At  an  adjourned  meeting, 
June  11,  1841,  the  historian  says  : 


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His  Jesuitical  Eerarcnce,  F.  N.  BInncliet,  was  oxcuscd  from 
serving  on  tlio  committee,  at  his  own  rcnuit'st.  The  settlers  ami 
uninitiated  were  informed  by  bis  reverence  tliat  he  was  unno- 
custoraed  to  make  laws  for  the  people,  and  did  not  understand 
how  to  proceed;  wldlc  divide  and  conquer,  the  policy  adoj  ti-cl 
by  the  Hudson'?  Bay  Company,  was  entered  into  with  heart 
and  soul  by  this  Reverend  Father  Blanchet  and  his  a^jsociates. 
(Pages  199,  200,  and  202.) 


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CRITICISM  ON   GRAY'S  "OREGON." 


227 


Now,  without  regard  to  the  question  of  motive,  why 
should  the  historian  apply  derisive  epithets  to  the  accused 
at  any  stage  of  the  inquiry,  and  more  especially  before 
the  author  had  submitted  his  proofs  ?  In  other  words, 
would  any  impartial  and  enlightened  historian  seek,  by 
the  use  of  such  epithets,  to  prejudice  his  readers  against 
the  accused  in  advance,  and  before  the  testimony  was 
submitted  ?  It  will  be  seen  that  the  writer  emphasizes 
the  phrase  "  Ills  Jesidtical  Reverence^''  so  that  the  read- 
er might  not  forget  this  derisive  and  bitter  expression. 
A  decent  respect  for  the  feelings  of  others,  as  well  as 
a  due  regard  to  the  dignity  of  history,  would  have  re- 
strained the  impartial  historian  from  the  use  of  such 
language  at  every  stage  of  the  investigation.  Whenever 
cither  a  good  or  a  bad  motive  may  be  plausibly  given 
for  the  same  act,  the  historian  is  very  apt  to  impute  the 
bad  motive,  as  he  did  in  this  case.  I  do  not  think  a  sin- 
gle instance  can  be  found  in  the  whole  book  of  G24  pages 
where  the  author  has  erred  on  the  side  of  charity.  He 
is  not  one  of  those  noble  and  exalted  natures  that  would 
magnanimously  state  the  case  more  clearly  in  behalf  of 
the  accused  than  the  accused  would  be  able  to  do  him- 
self. 

In  reference  to  the  act  in  regard  to  slavery,  free 
negroes,  and  mulattoes,  I  find  these  entries  tn  the  jour- 
nal of  the  House  of  Representatives,  Jul )  1  and  3, 1845 
("  Oregon  Laws  and  Archives,"  pages  8b  and  85)  : 

Mr.  Garrison  introduced  a  bill  to  repeal  the  several  acts  in 
regard  to  neijjroes  in  Oregon.  ... 

T)ie  ITouHO  went  into  Committeo  of  tlio  Whole,  Mr.  Straight 
in  the  chair. 

When  the  Committee  rose,  tlie  Chairman  reported  that  the 

Goinmittce  had  had  under  consideration : 

Tlio  bill  to  divorce  M.  J.  Kicc: 
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RECOLLECTIONS  OF  AN  OLD  PIONEER. 


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The  act  to  repeal  the  several  acts  on  slavery ; 

An  act  to  fix  the  time  and  place  of  the  sittings  of  the  Legis- 
lature i 

An  act  to  divorce  F.  Hathaway;  al.  o, 

The  report  of  the  Committee  on  Revision,  which  had  heen 
adopted. 

Report  was  received ;  and  the  bill  to  divorce  F.  Hathaway 
was  read  a  third  time,  and  passed  ;  also,  the  bill  to  divorce  M. 
J.  Rice ;  also,  the  bill  concerning  acts  on  slavery. 

Thus,  the  act  which  Mr.  Gray  asserts  could  not  be 
executed  was  repealed  about  one  year  before  it  could 
have  taken  effect  in  '  single  case,  JVIr.  Gray  being  pre- 
pent  when  the  repealing  act  was  passed.  The  historian 
seems  to  have  had  about  as  vague  a  conception  of  the 
matter  he  was  treating  as  a  man  with  a  distorted  vision 
would  have  of  the  country  represented. 


ELECTED     JUDGE     OP     THE     SITKEME    COURT — STRANGE 
RESOLUTION — JESSE    APPLEGATE. 

On  the  18th  of  August,  1845, 1  was  elected  by  the 
House  of  Representatives  Judge  of  the  Supreme  Court 
of  Oregon. 

On  the  4th  of  December,  184.5,  the  House,  on  motion 
of  Mr.  Gray,  passed  this  resolution  : 

I^esohed,  That  the  Supreme  Judge  be  called  upon  to  inform 
this  House  whether  he  had  examined  the  laws  enacted  by  the 
previous  Legislature  of  this  Territory  ;  also,  to  inform  the  House 
how  many  of  said  laws  are  incompatible  with  the  organic  ar- 
ticles of  compact,  adopted  by  the  people  on  the  25th  of  July 
1845,  if  any  there  be.     ("  Oreg(m  Laws  and  Archives,"  127.) 

To  this  strange  and  singular  resolution  I  made  a 
firm  but  respectful  answer,  declining  to  decide  in  ad- 
vance, and  before   proper  cases  came  up  before  the 


COMMUNICATIONS  FROM  THE  SUPREME  JUDGE.    229 


Court,  whether  an  entire  code  of  laws  was  constitutional 
or  not. 

On  the  12th  of  December,  1845,  the  Speaker  in- 
formed the  House  that  he  had  communications  from  the 
Supreme  Judge,  which  he  had  been  requested  to  present 
to  the  House.  The  communications  were  read  and  re- 
ferred to  the  Committee  on  the  Judiciary.  On  the  same 
day  Mr.  McCarver,  from  the  Judiciary  Committee,  re- 
ported back  the  commiTnications  from  the  Supreme 
Judge,  which  were  then  referred  to  a  select  committee 
of  five,  consisting  of  Messrs.  Gray,  Hendrick,  Garrison, 
McClure,  and  McCarver.  ("  Oregon  Laws  and  Archives," 
140-'41.) 

There  is  no  further  mention  of  these  communications 
in  the  Journal,  as  no  report  was  ever  made  by  this  se- 
lect committee.  There  was  not  a  singly  lawyer  among 
the  members  of  1845  ;  and  it  is  quite  j  robable  that  this 
committee  found  it  very  difficult  to  coerce  a  Supreme 
Court  to  decide  questions  of  law  before  cas< •^s  were 
properly  brought  before  it. 

My  extracts  from  the  laws  of  1844  are  taken  from 
"  Oregon  Laws  and  Archives,  by  L.  F.  Grover,  Commis- 
sioner," except  the  act  in  regard  to  slavery,  and  the  4th 
section  of  the  act  on  ways  and  means,  which  latter  is 
found  in  Gray's  "  Oregon,"  395,  as  part  of  Dr.  White's 
report  to  the  Secretary  of  War.  These  two  acts  are 
not  found  in  Grover's  compilation.  The  act  in  regard 
to  slavery,  free  negroes,  and  raulattoes  is  a  certified 
copy  from  the  original  on  file  in  the  office  of  the  Secre- 
tary of  State.  My  references  to  the  Journals  of  1844 
and  1845  are  to  the  same  compilation. 

In  the  summer  and  early  fall  of  184G  Jesse  Apple- 
gate,  at  his  own  expense  as  I  then  understood,  opened  a 
new  wagon-road  into  the  Willamette  valley  at  its  south- 


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230 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


ern  end.  He  met  the  emigrants  at  Fort  Hall  and  in- 
duced a  portion  of  them  to  come  by  that  route.  They 
suffered  great  hardships  before  they  reached  the  end  of 
their  journey.  This  was  caused  mainly  by  their  own 
mistakes.  Though  he  was  much  censured  by  many  of 
them,  he  was  not  to  blame.  He  had  performed  one  of 
the  most  noble  and  generous  acts,  and  deserved  praise 
rather  than  censure.  I  traveled  with  him  across  the 
Plains  in  1843,  and  I  can  testify  that  he  was  a  noble, 
intellectual,  and  generous  man  ;  and  his  character  was 
so  perfect  as  to  bear  any  and  all  tests,  under  any  and 
all  circumstances.  The  Hon.  J.  W.  Nesmith,  in  his  ad- 
dress before  the  Oregon  Pioneers  in  June,  18T5,  paid  a 
glowing  tribute  to  the  character  of  "  Uncle  Jesse  Ap- 
plcgate."  I  knew  him  long  and  well,  anil  shall  never 
cease  to  love  him  so  long  as  I  live. 

I  left  him  in  Oregon  in  1848.  He  was  then  a  rich 
man,  for  that  time  and  that  country.  I  did  not  see  him 
again  until  1872,  a  period  of  nearly  twenty-four  years. 
In  the  mean  time  he  had  become  a  gray -headed  old  man. 
He  and  myself  are  near  the  same  age,  he  being  about 
two  years  the  younger.  One  day,  without  my  knowing 
that  he  was  in  California,  he  walked  into  the  Pacific 
Bank  in  San  Francisco.  I  knew,  from  the  serious  ex- 
pression of  his  face,  that  he  was  an  old  friend  ;  but,  for 
the  moment,  I  could  not  place  him  or  call  his  name. 
He  was  so  much  affected  that  his  eyes  filled  with  tears, 
and  he  could  not  speak.  I  shook  his  hand  cordially,  in- 
vited him  to  sit  down,  and  sat  down  by  him,  looking 
him  full  in  the  face  one  moment,  when  it  came  into  my 
mind  that  he  was  my  old  friend,  and  I  exclaimed, "  Ap- 
plegate  !  "  and  we  embraced  like  brothers. 

We  talked  about  one  hour,  and  in  this  conversation 
he  gave  me  his  history  since  I  loft  Oregon.     He  re- 


% 


JESSE  APPLEGATE. 


231 


rsation 
lit  re- 


moved to  the  Umpqua  valley  ;  where  for  a  time  he  had 
fine  lands,  stock,  and  other  property.  At  length  he  de- 
termined to  go  into  the  mercantile  business,  for  which 
he  had  little  or  no  capacity.  Said  he  :  "  To  make  a 
long  story  short,  I  did  business  upon  this  theory.  I 
sold  my  goods  on  credit  to  those  who  needed  them  most, 
not  to  those  who  were  able  to  pay,  lost  thirty  thousand 
dollars,  and  quit  the  business." 

Any  one  knowing  Jesse  Applegate  as  I  do  would  at 
once  recognize  the  truth  of  this  statement.  It  was  just 
like  the  man.  His  fine  intellect  and  his  experience  in 
life  said  no  ;  but  his  generous  heart  said  yes  ;  and  that 
kind  heart  of  his  overruled  his  better  judgment.  In  his 
old  age  his  fortune  is  gone  ;  but  his  true  friends  only 
admire  and  love  him  the  more  in  the  hour  of  misfor- 
tune. 

In  starting  from  Missouri  to  come  to  this  country  in  1843, 
Mr.  Applegate  announced  to  his  traveling  companions,  as  we 
have  been  credibly  informed,  that  he  meant  to  drive  the  Hud- 
son's iiay  Company  from  the  country.  To  reach  the  country 
independent  of  them,  he  had  sold  or  mortgaged  his  cattle  to  got 
supplies  at  Walla  Walla.  On  arriving  at  Vancouver,  he  found 
Dr.  McLoughlin  to  be  much  of  a  gentleman,  and  disposed  to  aid 
him  in  every  way  he  could.  The  Doctor  advised  him  to  keep 
his  cattle,  and  gave  him  employment  as  a  surveyor,  and  credit 
for  all  ho  required.  Tliis  kind  treatment  closed  Mr.  Api^legate's 
open  statements  of  opposition  to  the  Company,  and  secured  his 
friendship  and  his  influence  to  keep  his  Missouri  friends  from 
doing  violence  to  them.  He  carried  this  kind  feeling  for  them 
into  the  Legislative  Committee.     (Gray,  pages  421-22.) 

As  already  stated,  a  portion  of  the  immigrants  of 
1843  left  tlieir  cattle  at  Walla  Walla.  This  they  did 
under  an  agreement  with  Mr.  McKinlay,  then  in  charge 
of  the  fort,  that  we  should  have  the  same  number  and 


f.l!. 


t:    i  >■■ 


232 


RECOLLECTIONS  OF  AN  OLD  PIONEER, 


M 


description  of  cattle  in  the  Willamette  valley,  from  the 
herds  of  the  Hudson's  Bay  Company.  When  we  ar- 
rived at  Vancouver,  Dr.  McLoughlin  and  Mr.  Douglas 
candidly  stated  to  us  that  our  American  tame  cattle 
would  suit  us  much  better  than  the  cattle  of  the  Com- 
pany, and  they  advised  us  to  bring  our  cattle  from 
Walla  Walla  during  the  next  spring.  The  same  advice 
was  given  to  all  the  immigrants  who  left  their  cattle  at 
Walla  Walla.  We  all  saw  at  once  that  this  advice  was 
not  only  generous  but  practically  sound.  Mr.  Apple- 
gate,  as  I  understood  at  the  time,  made  the  same  ar- 
rangement with  Mr.  McKinlay  that  others  of  us  did. 
That  Mr.  Applegate  sold  or  mortgaged  his  cattle  at 
Walla  Walla  for  supplies  must  be  a  mistake.  He  needed 
but  little  if  anything  in  that  line  ;  and  to  have  mort- 
gaged so  many  cattle  xor  so  small  an  amount  would 
have  been  the  greatest  of  folly.  He  could  not  have 
needed  provisions,  so  far  as  I  can  remember,  as  he  must 
have  purchased  wheat  and  potatoes  from  Dr.  Whitman, 
like  most  of  us. 

On  arriving  at  Vancouver,  Mr.  Applegat-j,  no  doubt, 
found  a  very  diflEerent  state  of  things  from  what  he  an- 
ticipated when  starting  from  Missouri.  He  did  find  Dr. 
McLoughlin  and  Mr.  Douglas  to  be  much  of  gentlemen  ; 
for  it  was  very  difficult  indeed  for  any  man,  who  was 
himself  a  gentleman,  to  keep  the  company  of  those  two 
men,  and  not  find  out  that  they  were  both  gentlemen 
in  the  true  sense  of  that  term.  Mr.  Applegate  no  doubt 
concluded  that,  if  these  men  were  really  opposed  to 
American  immigrants,  they  took  the  most  extraordinary 
method  of  showing  it.  That  Mr,  Applegate  purchased 
of  the  Company  at  Vancouver  some  supplies  on  credit 
is  very  probable,  because  he  was  amply  good  for  all  he 
engaged  to  pay.     He  was  honesty  personified,  and  was 


THE  ACT  TO  PROHIBIT  THE  SALE  OF  LIQUOR.   233 

an  admirable  worker,  both  as  a  farmer  and  surveyor. 
He  also  had  a  fine  band  of  American  cattle  ;  and  such 
cattle  were  then  the  most  valuable  property  in  Oregon. 
Jesse  Applegate  and  Daniel  Waldo  were  the  owners  of 
more  cattle  than  any  other  two  men  in  our  immigration. 


THE  ACT  TO  PSOHIBrr  THE  INTEODUCTIOlSr,  MANUFACTURE, 
SAI.E,  AXD  BAKTEE  OF  AEDENT  SPIRITS. 

I  have  already  mentioned  (page  181)  the  happy  con- 
dition of  society  in  Oregon,  and  the  causes  which  pro- 
duced it.  This  only  continued  until  the  beginning  of 
1847. 

The  act  of  1*44  to  prohibit  the  introduction,  manu- 
facture, sale,  and  barter  of  ardent  spirits  was  amended 
by  the  House  of  Representatives  of  1845.  The  same 
body  drew  up  and  submitted  to  the  people,  for  their 
approval  or  rejection,  a  new  and  amended  organic  law, 
which  was  adopted,  and  which  conferred  upon  the  Le- 
gislature the  power  to  pass  laws  to  regulate  the  intro- 
duction, manufacture,  and  sale  of  ardent  spirits.  This 
amendatory  bill  was  reported  by  W.  H.  Gray  from  the 
Committee  on  Ways  and  Means,  and  was  passed  De- 
cember 6,  184.5,  by  the  following  vote  :  Yeas,  Gray, 
Garrison,  Hendricks,  H.  Lee,  B.  Lee,  McClure,  and  Mc- 
Carver — 7  ;  Nays  Foisy,  Hill,  Straight,  and  Newell — 4. 
On  the  8th  a  motion  to  reconsider  was  lost  by  the  fol- 
lowing tie  vote  :  Yeas,  Hendricks,  Hill,  B.  Lee,  Smith, 
Straight,  and  Xewell :  nays,  Foisy,  Gray,  Garrison,  H. 
Lee,  McCarver,  and  McClure.  (Gray's  "  Oregon,"  page 
440.) 

The  amendatory  act  is  incorrectly  given  by  Mr.  Gray 
on  pages  440-41,  by  omitting  the  first  section  entirely. 
The  first  section  of  the  original  act  was  amended  by 


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234 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


inserting  the  word  "  give  "  after  the  word  "  barter  "  in 
two  places  ;  and  the  second  section  was  amended  by  in- 
serting the  word  "give"  after  the  word  "barter"  in 
one  place,  and  the  word  "gift"  after  the  word  "barter" 
in  the  second  place. 

Section  four  of  the  original  act  was  as  follows  : 

Section  4.  That  it  sliall  be  tlio  duty  of  all  sheriffs,  judges, 
justices  of  tiie  peace,  constables,  and  other  officers,  when  they 
have  reason  to  believe  that  this  act  has  been  violated,  to  give 
notice  thereof  to  some  justice  of  the  peace  or  judge  of  a  court, 
who  shall  immediately  issue  his  warrant  and  cause  the  offend- 
ing party  to  be  arrested ;  and  if  such  officer  has  jurisdiction  of 
such  case,  he  shall  proceed  to  try  such  offender  without  delay, 
and  give  judgment  accordingly ;  but  if  such  officer  have  no  ju- 
risdiction to  try  such  case,  he  shall,  if  the  party  be  guilty,  bind 
liim  over  to  appear  before  the  next  Circuit  Court. 

This  section  was  stricken  out,  and  the  following  in- 
serted in  its  stead  : 

Section  4.  Whenever  it  shall  come  to  the  knowledge  of 
any  officer  of  this  government,  or  any  private  citizen,  that  any 
kind  of  spirituous  liquors  are  being  distilled  or  manufactured  in 
Oregon,  they  are  hereby  authorized  and  required  to  proceed  to 
the  place  where  such  illicit  manufacture  is  known  to  exist,  and 
seize  the  distilling  apparatus,  and  deliver  the  same  to  the  near- 
est district  judge  or  justice  of  the  peace,  whose  duty  it  shall 
be  immediately  to  issue  bis  warrant,  and  cause  the  house  and 
premises  of  the  person  against  whom  such  warrant  shall  be  is- 
sued to  be  further  f;earchcd ;  and  in  case  any  kind  of  spirituous 
liquors  are  found  in  or  about  said  premises,  or  any  implements 
or  apparatus  that  have  tlie  appearance  of  having  been  used  or 
constiucted  for  the  purpose  of  manufacturing  any  kind  of  spir- 
ituous liquors,  the  oflScer  who  shall  have  been  duly  authorized 
to  execute  such  warrant  shall  seize  all  such  apparatus,  imple- 
ments, and  spirituous  liquors,  and  deliver  the  same  to  the  judge 
or  justice  of  the  peace  who  issued  the  said  warrant.    Said  officer 


•^ 


'' ' 


bind 


idge  of 

at  any 

red  in 

eed  to 

st,  and 

near- 
t  gball 
,se  and 

be  is- 
■ituous 
imenta 
sed  or 
|f  spir- 
.orized 
imple- 

judge 

officer 


THE  ACT  TO  PROHIBIT  THE  SALE  OF  LIQUOR.    235 

shall  also  arrest  the  person  or  persons  in  or  about  whose  premi- 
ses such  apparatus,  implements,  or  spirituous  liquors  are  founr"., 
and  conduct  him  or  them  to  said  judge  or  justice  of  the  peace, 
whose  duty  it  shall  be  to  proceed  against  said  criminal  or  crim- 
inals, and  dispose  of  the  articles  seized  according  to  law. 

It  will  be  readily  seen  that  these  amendments  radi- 
cally changed  the  original  act,  in  several  most  material 
respects.  By  the  amendment  to  the  second  section  of 
the  act,  it  was  made  a  criminal  offense  to  give  away 
ardent  spirits.  This  would  prevent  the  master  of  a  ship 
entering  the  waters  of  Oregon  from  giving  his  seamen 
their  usual  daily  allowance  of  liquor  while  the  vessel  re- 
mained within  our  jurisdiction.  So,  a  private  citizen, 
without  the  advice  of  a  physician,  could  not  give  the 
article  to  any  one,  for  any  purpose,  or  under  any  cir- 
cumstances. 

By  the  provisions  of  the  fourth  section  as  amended, 
all  officers,  and  even  private  citizens,  were  not  only  rai- 
thorized,  but  required  (without  any  warrant  havi'.ig  been 
first  issued  by  a  court  or  judicial  officer)  to  seize  the  dis- 
tilling apparatus  ;  and  in  such  case  each  officer  and  each 
private  citizen  was  to  be  himself  the  judge  of  both  the 
fact  and  law,  so  far  as  the  duty  to  seize  tlie  apparatus 
was  concerned.  This  was  giving  to  each  individual 
citizen  of  Oregon  a  most  extraordinai'y  power,  and  mak- 
ing its  exercise  obligatory. 

The  fifth  section  of  the  amendatory  act,  as  given  by 
the  historian,  was  as  follows  : 

Sec.  5.  All  the  fines  or  penalties  recovered  under  this  act 
shall  go,  one  half  '■-o  the  informant  and  witnesses,  and  the  other 
half  to  the  officers  engaged  in  arresting  and  trying  the  crimi- 
nal or  criminals ;  and  it  shall  be  the  duty  of  all  officers  in  whose 
hands  such  fines  and  penalties  may  come,  to  pay  over  as  di- 
rected in  this  section. 


Ih 


236 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


This  was  a  most  unusual  and  extraordinary  provision. 
To  give  a  portion  of  the  penalty  recovered  to  the  infor- 
mant and  arresting  officer  was  not  very  improper ;  but 
to  give  another  portion  of  such  penalty  to  the  witnesses 
and  jud(/es,  thus  making  them  interested  in  condemning 
the  accused,  is  indeed  most  extraordinary  ;  and  I  appre- 
hend that  such  a  provision  never  before  occurred  in  the 
history  of  legislation  among  civilized  men.  The  author 
of  this  fifth  section  must  have  had  great  confidence  in 
the  power  of  money. 

These  objectionable  features  were  so  great,  in  the 
view  of  Govjrnor  Abernethy,  that  he  recommended  a 
revision  of  the  amendatory  act,  in  his  message  to  the 
House  of  Representatives,  December  4,  184G.  (Gray, 
442.) 

The  House  of  Representatives,  at  the  December  ses- 
sion, 1846,  passed  an  act  entitled  "  An  Act  to  regulate 
the  manufacture  and  sale  of  wine  and  distilled  spirituous 
liquors."  This  act  Governor  Abernethy  returned  to 
the  House  with  his  objections,  as  set  forth  in  his  veto 
message  of  December  17,  1846.  In  this  message  he 
said,  among  other  things  : 

The  act  lying  before  me  is  the  first  act  that  has  in  any  manner 
attempted  to  legalize  the  mannfactnre  and  sale  of  ardent  spirits. 
At  the  session  of  the  Legislature  in  June,  1844,  an  act  was 
passed  entitled  "  An  Act  to  prevent  the  introduction,  sale,  and 
distillation  of  ardent  spirits  in  Oregon  "  ;  and,  as  far  as  my  knowl- 
edge extends,  the  passage  of  that  act  gave  general  satisfaction 
to  the  great  majority  of  the  people  throughout  the  Territory, 
At  the  session  of  December,  1845,  several  amendments  were 
proposed  to  the  old  law,  and  passed.  The  new  features  given 
to  the  bill  by  those  amendments  did  not  accord  with  the  views 
of  the  people ;  the  insertion  of  the  woi  da  "  give  "  and  "  gift "  in 
the  ^rst  and  second  sections  of  the  bill,  they  thought,  was  taking 
away  their  rights,  as  it  was  considered  that  a  man  had  a  right  to 


"^ 


pirits. 
was 
and 
nowl- 
iction 
itory. 
were 
given 
views 
t"ia 
aking 
■htto 


THE  ACT  TO  PROHIBIT  THE  SALE  OF  LIQUOR.   237 

give  away  his  property  if  he  chose.  There  were  several  other 
objections  to  the  biU,  which  I  set  forth  to  your  honorable  body 
in  my  message.  I  would  therefore  recommend  that  the  amend- 
ments passed  at  the  December  session  of  1845  be  repealed; 
and  that  the  law  passed  on  the  24th  of  June,  1844,  with  such  al- 
terations as  will  make  it  agree  with  the  organic  law,  if  it  does 
not  agree  with  it,  be  again  made  the  law  of  the  land.  It  is  said 
by  many  that  the  Legislature  has  no  right  to  prohibit  the  intro- 
duction or  sale  of  liquor,  and  this  is  probably  the  strongest 
argument  used  in  defense  of  your  bill. 

The  bill  was  passed  over  the  veto  of  the  Governor 
by  the  following  vote  :  Yeas,  Messrs.  Boon,  Hall,  Hem- 
bree,  Lounsdale,  Loony,  Meek,  Summers,  Straight,  T. 
Vault,  Williams,  and  the  Speaker — 11  ;  Nays,  Messrs. 
Chamberlain,  McDonald,  Newell,  Peers,  and  Dr.  W.  F. 
Tolmie — 5. 

Mr.  Parker,  in  a  public  address  to  the  voters  of 
Clackamas  County,  in  May,  1846,  charged  that  rum  was 
sold  at  Vancouver  contrary  to  law.  This  charge  was 
based  upon  rumor.  Mr.  Douglas,  in  a  communication 
to  the  "Oregon  Spectator,"  published  June  11,  1846, 
among  other  things  says  : 

If,  with  reference  to  these  supplies,  Mr.  Parker  had  told  his 
hearers  that  her  Majesty's  ship  Modeste,  now  stationed  at  Fort 
Vancouver,  had,  with  other  supplies  for  ship  use  from  the  stores 
of  the  Hudson's  Bay  Company,  received  several  casks  of  rum ; 
or,  if,  referring  to  the  company's  own  ships,  he  had  stated  that 
a  small  allowance  of  spirits  is  daily  served  out  to  the  crews  of  the 
company'' s  vessels,  and  that  other  classes  of  the  company's  ser- 
vants, according  to  long-accustomed  usage,  receive  on  certain 
rare  occaj>icr.s  :.  similar  indulgence,  he  would  have  told  the  plain 
and  simple  t'-uth,  and  his  statement  would  not  this  day  have 
been  '•p.Hed  in  question  by  me.  These  acts,  which  I  fully  admit, 
and  would  on  no  account  attempt  to  conceal,  can  not  by  the 
fair  rules  of  construction  be  considered  as  infringing  upon  any 


V 


« 


■jlt 

Mi. 

^1 


.:i..«, 


m 


d 


I 


238 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


law  recognized  by  the  compact  which  we  have  agreed  to  support, 
in  common  with  the  other  inhabitants  of  Oregon.    (Gray,  447.) 

It  seems  perfectly  plain  from  Mr.  Gray's  own  his- 
tory, that  the  final  overthrow  of  this  measure  was  main- 
ly brought  about  by  the  following  causes  : 

1.  The  extremely  harsh  and  erroneous  amendments 
of  1845. 

2.  The  mistake  of  the  same  body  in  using  the  word 
"  regulate  "  instead  of  "  prohibit "  in  the  organic  law 
of  that  year. 

3.  The  sale  of  rum  to  the  Modesto  by  the  Hudson's 
Bay  Company. 

This  last  act,  however  excusable  it  may  be  consid- 
ered under  the  then  existing  circumstances,  gave  the 
opponents  a  plausible  ground  of  objection. 

That  the  original  act  w^as  approved  by  the  people  is 
shown  by  the  following  extract  from  the  message  of 
Governor  Abernetay,  dated  February  5,  1849  : 

The  proposed  amendments  to  the  organic  law  will  come  be- 
fore you  for  final  action :  to  amend  the  oath  of  oflBce,  to  make 
the  clerks  of  the  difterent  counties  recorders  of  land  claims,  etc., 
and  to  strike  out  the  word  "regulate"  and  insert  the  word 
"prohibit"  in  the  clause  relating  to  the  sale  of  ardent  spirits. 
The  last  amendment  came  before  the  people  for  a  direct  vote, 
and  I  am  happy  to  say  that  the  people  of  this  Territory  decided 
through  the  ballot-box,  by  a  majority  of  the  votes  given,  that 
the  word  "  prohibit "  should  be  inserted.  This  makes  the  ques- 
tion a  very  easy  one  for  you  to  decide  upon.  ("  Oregon  Laws 
and  Archives,"  pages  27'3-'4.) 

Jesse  Applegate  was  a  member  of  the  House  of 
Representatives  in  1845,  but  his  name  does  not  appear 
as  voting  upon  the  final  passage  of  the  amendatory  bill, 
he  having  previously  resigned  his  seat. 


TREATY  OF  JUNF    15,   1846. 


239 


TREATY    OP    JUNE    15,  1846  —  TOLICY    OP    THE    HUDSON'S 
BAY   COMPANY — H.    A.    G.    LEE — INDIAN    CHARACTER. 

On  the  15th  of  June,  1846,  a  treaty  was  concluded 
between  Great  Britain  and  the  United  States,  which  ac- 
knowledged the  sovereignty  of  our  country  over  that 
portion  of  Oregon  lying  south  of  the  49th  parallel  of 
north  latitude.  This  was  known  in  Oregon  as  early  as 
December  of  that  year,  as  the  fact  is  mentioned  in  Gov- 
ernor Abernethy's  message,  dated  December  1,  1840. 
('*  Oregon  Laws  and  Archives,"  158.) 

The  final  settlement  of  the  conflicting  claims  of  the 
two  governments  in  this  manner  did  not  surprise  any 
sensible  man  in  Oregon,  so  far  as  I  remember.  It  was 
Tvhat  we  had  every  reason  to  expect.  We  knew,  to  a 
moral  certainty,  that  the  moment  we  brought  our  fami- 
lies, cattle,  teams,  and  loaded  wagons  to  the  banks  of 
the  Columbia  River  in  1843,  the  question  was  practi- 
cally decided  in  our  favor.  Oregon  was  not  only  acces- 
sible by  land  from  our  contiguous  territory,  but  we  had 
any  desirable  number  of  brave,  hardy  people  who  were 
fond  of  adventure,  and  perfectly  at  home  in  the  settle- 
ment of  new  countries.  We  could  bring  into  the  coun- 
try ten  immigrants  for  every  colonist  Great  Britain 
could  induce  to  settle  there.  We  were  masters  of  the 
situation,  and  fully  comprehended  our  position.  This 
the  gentlemen  of  the  Company  understood  as  well  as 
we  did.  In  repeated  conversations  with  Dr.  McLough- 
lin,  soon  after  my  arrival  in  Oregon,  he  assured  me  that 
he  had  for  some  years  been  convinced  that  Oregon  was 
destined  soon  to  be  occupied  by  a  civilized  people. 
The  reasons  for  this  conclusion  were  most  obvious. 
The  country,  with  its  fertile   soil,   extensive  valleys, 


« 


i) 


# 


: 


i 


'V! 


i  I 


I 


:pM 


i 


N 


;,!'' 


)''.. 


i:  ■  i 


n  ' 


i 


240 


RECOLLECTIONS  OP  AN  OLD  PIONEER. 


% 


magnificent  forests,  and  mild  climate,  was  admirably 
fitted  for  a  civilized  and  dense  population.  Its  local 
position  on  the  shores  of  the  Pacific  marked  it  as  a  fit 
abode  for  a  cultivated  race  of  men.  Besides,  the  na- 
tives had  almost  entirely  disappeared  from  the  lower 
section  of  Oregon.  Only  a  small  and  diseased  remnant 
was  left. 

The  colonization  of  the  country,  either  by  British  or 
Americans,  would  equally  destroy  the  fur-trade,  the 
only  legitimate  business  of  the  Company.  No  doubt 
the  gentlemen  connected  with  that  Company  thought 
the  title  of  their  own  government  to  Oregon  was  supe- 
rior to  ours  ;  while  we  Americans  believed  we  had  the 
better  title.  I  read  carefully  the  discussion  between 
Mr.  Buchanan,  our  Secretary  of  State,  and  the  British 
JMinister  ;  and  while  I  thought  our  country  had  the  bet- 
ter title,  neither  claim  could  be  properly  called  a  plain 
indisputable  right,  because  much  could  be  and  was  said 
on  both  sides  of  the  question.  But,  while  our  title  might 
be  disputed,  there  was  no  possible  doubt  as  to  the  main 
fact,  that  ire  had  settled  the  country. 

When  the  managers  of  the  Company  had  arrived  at 
the  conclusion  that  Oregon  must  be  inhabited  by  a  civ- 
ilized race  of  men,  they  undoubtedly  determined  to 
do  all  they  could  reasonably  and  justly  to  colonize  it 
with  their  own  people.  These  gentlemen  were  as  loyal 
in  their  allegianco  to  their  own  country  as  we  were  to 
ours,  and  were  i)reparcd  to  go  as  far  as  enlightened  love 
of  country  would  lead  them,  and  no  farther.  It  is  very 
true  that  the  Company,  by  expending  the  larger  portion 
if  not  all  of  its  large  capital,  could  have  colonized  the 
country  in  advance  of  the  Americans.  But,  what  prop- 
er inducement  had  the  Company  thus  to  sacrifice  the 
pr</perty  of  its  stockholdert  ?     Colonization  was  not  its 


POLICY  OF  THE  HUDSOiN'S  BAY  COMPANY.       241 

legitimate  business.  Why,  then,  should  a  mere  mercan- 
tile corporation  waste  its  means  and  ruin  its  business  to 
settle  Oregon  ?  If  the  settlement  of  the  country  was  of 
national  importance  to  Great  Britain,  then  the  expense 
should  have  been  borne  by  that  government  itself,  and 
not  by  the  few  subjects  who  happened  to  be  stockhold- 
ers of  the  Company.  Any  one  well  acquainted  with  all 
the  facts  and  circumstances,  and  who  will  carefully  and 
thoroughly  examine  the  subject,  must  see  that  the  only 
motive  the  managers  of  the  Company  had  to  settle  Ore- 
gon with  British  subjects,  in  preference  to  American 
citizens,  was  one  of  patriotism  or  love  of  country.  In  a 
pecuniary  point  of  view,  the  Company  saved  more  mon- 
ey for  its  stockholders  by  the  treaty  than  it  could  havo 
done  had  the  country  fallen  to  Great  Britain. 

But  while  the  managers  of  the  Company,  as  British 
subjects,  preferred  to  colonize  Oregon  with  their  own 
people,  thoy  were  not,  as  enlightened  and  Christian 
men,  prepared  to  use  criminal  means  to  accomplish  that 
purpose.  In  the  address  of  John  McLoughlin  and 
James  Douglas  to  the  citizens  of  Oregon  in  March, 
18t5,  they  say,  among  other  things  : 

Tho  Iliidson's  Bay  Company  mn'lo  tlieir  settlement  nt  Fort 
Vancouver  imdor  tho  authority  of  a  Ucenso  from  tho  British 
Government,  in  conformity  with  the  provisions  of  tho  treaty 
between  Great  IJritain  and  the  United  States  of  America,  wliioh 
pives  tliom  the  right  of  occupying  as  much  land  as  they  recjuire 
for  tho  operation  of  their  business.  On  tlie  faith  of  that  treaty 
thoy  havo  made  a  settlement  on  the  north  bank  of  tho  Colum- 
bia Rivor,  thoy  havo  opened  roads  and  made  other  improve- 
ments at  a  preat  outlay  of  cai)ital;  they  havo  held  unmoloBtod 
possession  of  tlieir  improvements  for  many  years,  unciuostioncd 
by  tho  public  olTicers  of  oitlier  povernmont,  who  havo  since  tho 
oxistonco  of  their  settlement  repeatedly  visited  it ;  they  havo 


t 


i 


^11 


V! 


'a  i!      ■!*  1 


m 


ft, 

m 


;'H 


fi 


I'.j'*' 

i 


*;   5:^« 


*   Id 


« 


";  ' 


!-! 


m . ' 


inp^i 


M! 


242 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


caiTiod  on  business  with  manifest  advantage  to  tlie  country ; 
they  have  given  the  protection  of  their  influence  over  the  native 
tribes  to  every  person  who  required  it,  without  distinction  of 
nation  or  party ;  and  they  have  afforded  every  assistance  in 
their  power  toward  developing  the  resources  of  the  country  and 
promoting  the  industry  of  its  inhabitants,  .  .  . 

Permit  us  to  assure  you,  gentlemen,  that  it  is  our  earnest 
wish  to  maintain  a  good  understanding  and  to  live  on  friendly 
terms  with  every  person  in  the  country.  "We  entertain  the 
highest  respect  for  the  provisional  organization  ;  and  knowing 
tl'e  great  good  it  has  effected,  as  well  as  the  evil  it  has  prevent- 
ed, we  wish  it  every  success,  and  hope,  as  we  desire,  to  con- 
tinue to  live  in  the  exercise  and  interchange  of  good  offices  with 
the  framers  of  that  useful  institution. 

This  address  was  inclosed  with  the  following  letter 
to  the  Executive  Committee  of  Oregon  : 

Vaxcouvek,  2I:jrch  18,  1845. 

CiEXTlemen:  I  am  sorry  to  inform  you  that  Mr.  "Williamson 
is  surveying  a  piece  of  land  occupied  by  the  Iludsou's  Bay  Com- 
pany, alongside  of  this  establishment,  with  a  view  of  taking  it 
as  a  claim ;  and,  as  he  is  an  American  citizen,  I  feel  bound,  as 
a  matter  of  courtesy,  to  make  the  same  known  to  you,  trusting 
that  you  will  feel  justified  in  taking  measures  to  have  him  re- 
moved from  the  Hudson's  Ray  Company's  premises,  in  order 
that  the  unanimity  now  happily  subsisting  between  the  American 
citizens  and  British  subjects  residing  in  this  country  may  not  bo 
disturbed  or  interrupted.  I  beg  to  inclose  you  a  copy  of  an  ad- 
dress to  the  citizens  of  Oregon,  which  will  explain  to  you  our 
situation  and  tlio  course  we  are  bound  to  pursue  in  the  event  of 
your  declining  to  interfere. 

I  am,  gentlemen,  your  obedient,  humble  servant, 

J.  McLouiiULix. 

"William  Baily,  Osborn  Russell,  P.  G.  Stewart,  E.xecutive 
Committee  of  Oregon. 

To  this  letter,  the  majority  of  the  Executive  Com- 
mittee of  Oregon,  acting  for  the  whole,  made  this  reply: 


POLICY  OF  THE  HUDSON'S  BAY   COiir.LNY.       243 


# 


Oeeoon  City,  March  21, 1845. 

Sir  :  "We  beg  to  acknowledge  the  receiiot  of  your  letters — ono 
dated  lltb  of  March,  and  the  other  12th  of  March — accoiniianied 
with  an  address  to  the  citizens  of  Oregon. 

We  regret  to  hear  that  unwarranted  liberties  have  been 
taken  by  an  American  citizen  upon  the  Hudson's  Bay  Com- 
pany's premises,  and  it  affords  us  great  pleasure  to  learn  that 
the  oflfonder,  after  due  reflection,  desisted  from  the  insolent  and 
rash  measure. 

As  American  citizens,  wo  beg  leave  to  offer  you  and  your 
esteemed  colleague  our  most  grateful  thanks  for  the  kind  and 
candid  manner  in  which  yon  have  treated  this  matter,  as  wo  are 
aware  that  an  infringement  on  the  rights  of  the  Hudson's  Bay 
Company  in  this  country,  by  an  American  citizen,  is  a  breach 
of  the  laws  of  the  United  (States,  by  setting  at  naught  her  most 
solemn  treaties  with  Great  Britain. 

As  representatives  of  the  citizens  of  Oregon,  wo  beg  your 
acceptance  of  our  sincere  acknowledgments  of  the  obligations 
we  are  under  to  yourself  and  your  honorable  associate  for  tho 
high  regard  you  have  manifested  for  the  authorities  of  our  pro- 
visional government,  and  tho  special  anxiety  you  have  ever 
shown  for  our  peace  and  prosperity;  and  we  assure  you  that 
we  consider  ourselves  in  duty  bound  to  use  every  exertion 
in  our  power  to  put  down  every  cause  of  disturbance,  as  well 
as  to  promote  the  amicable  intercourse  and  kind  feelings  hitherto 
existing  between  ourselves  and  the  gentlemen  of  the  Hudson's 
Bay  Company,  until  the  United  States  shall  extend  its  juris- 
diction over  us,  and  our  authority  ceases  to  exist. 

We  have  the  honor  to  be,  sir,  your  most  obedient  servants, 

OsBORN  RUSSKLI,, 

John  McLoughlin,  Esq.  P.  G.  Stewart. 

These  papers  appear  in  Gray's  "  Oregon,"  pages  409 
-'11,  as  a  portion  of  Dr.  White's  report  to  the  Secretary 
of  War. 

This  attempt  to  locate  a  claim  in  the  vicinity  of  Van- 
couver was  made  by  Williamson  and  Alderman.     Wil- 


I 


1 

i 


ii 


III!" 


m 


Ii 


i'  ^ 


244 


RECOLLECTIONS  OF  AN  OLD  PIONEER 


liamson  was  apparently  a  modest  and  respectable  young 
man,  while  Alderman  was  a  most  notorious  character. 
IIo  was  well  known  in  Oregon  from  his  violent  and  un- 
principled conduct.  He  was  always  in  trouble  with 
somebody.  He  came  to  California  in  the  summer  or 
fall  of  18t8,  and  was  killed  in  the  latter  portion  of  that 
year,  at  Sutter's  Fort,  under  justifiable  circumstances. 

I  have  given  these  extracts  from  the  address  to  the 
citizens  of  Oregon,  that  the  then  managers  of  the 
Hudson's  Bay  Company  might  speak  for  themselves  ; 
and  I  have  given  the  reply  of  Messrs.  Russell  and  Stew- 
art, of  the  Executive  Committee,  to  show  the  opinion  of 
those  intelligent,  calm,  and  faithful  American  officers 
upon  the  general  subject. 

That  the  facts  stated  in  the  address  are  true,  there 
can  be  no  reasonable  doubt.  The  facts  were  all  within 
the  personal  knowledge  of  Dr.  IMcLoughlin  and  Mr. 
Douglas,  and  they  could  not  be  mistaken  about  them. 
If  untrue,  then  they  deliberately  and  knowingly  made 
false  statements.  To  make  statements  that  could  be  so 
readily  contradicted  by  the  people  of  Oregon,  if  untrue, 
would  have  been  the  greatest  folly.  Besides,  the  high 
characters  of  those  gentleman,  especially  that  of  Dr. 
JNIcLoughlin,  forbids  such  inference.  Dr.  McLoughliii, 
during  his  long  and  active  life,  gave  such  conclusive 
proofs  of  the  possession  of  the  most  exalted  virtue, 
that  no  man  of  respectable  ability  and  good  character 
would  at  this  late  day  question  his  integrity  or  doubt 
his  statement  of  facts  within  his  own  knowledge.  Ho 
voluntarily  became,  and  afterward  died,  an  American 
citizen. 

IJut  the  truth  of  their  statements,  especially  that  one 
which  declares  that  "  they  had  given  the  protection  of 
their  influence  over  the  native  tribes  to  every  person 


n.  A.   G.   LEE'S  LETTER. 


2^5 


who  required  it,  without  distinction  of  nation  or  party," 
is  shown  by  the  fact  that  no  American  immigrant  was 
killed  by  the  Indians  in  Oregon  until  late  in  the  fall  of 
1847 — seventeen  months  after  the  treaty  between  Great 
Britain  and  the  United  States  had  settled  the  question 
of  sovereignty  over  that  portion  of  Oregon  south  of  the 
49th  parallel  of  north  latitude  in  our  favor,  and  twelve 
months  after  that  fact  was  known  in  that  country,  and 
when  the  Company  could  not  have  had  any  adequate 
motive  to  oppose  American  immigration  to  acknowl- 
edged American  territory. 

It  is  true,  some  thefts  were  committed  by  the  Indians 
upon  the  immigrants  ;  but  I  apprehend  that  these  were 
not  more  numerous  or  common  than  usual  with  Indians 
under  like  circumstances.  While  it  is  not  my  intention 
to  enter  at  large  into  the  subject,  I  will  give  an  extract 
from  the  long  letter  of  H.  A.  G.  Lee  to  Dr.  E.  White, 
assistant  Indian  agent,  dated  Oregon  City,  March  4, 
1845.  It  is,  in  my  judgment,  the  most  sensible  and  just 
description  of  Indian  character  I  have  ever  seen  in  so 
few  words.  After  stating,  among  other  things,  that 
"avarice  is  doubtless  tlie  ruling  passion  of  most  In- 
dians," the  writer  goes  on  to  say  : 

Tlio  IftwloPS  hands  along;  the  ri%'er,  from  Fort  "Walla  Walla 
to  the  Dalles,  aro  still  tronblcsonio  to  tlio  immigrants;  ami  tlio 
iininiprants  aro  still  very  imprntlont  in  breaking  off  into  small 
l>artie8,  just  when  they  should  remain  united.  The  Indians  are 
tempted  by  tho  unguarded  and  defenseless  state  of  the  immi- 
grants, and  avail  themselves  of  tho  opportunity  to  gratify  their 
cupidity.  Tlero  allow  me  to  suggest  a  tliouj^ht.  These  robbers 
furnish  us  a  true  miniature  likeness  of  tho  whole  Indian  popula- 
tion, whenever  they  fail  to  obtain  sueh  things  as  they  wish  in 
exchango  for  such  as  they  have  to  give.  These  are  robbers  now, 
because  they  have  nothing  to  give ;  all  others  will  bo  robbers 
when,  with  what  they  have  to  give,  they  can  not  procure  what 


it 


fi 


i 


4 
> 


ii'M 


m 


m 


\i 


111 
111 


1  m . 


'I 

■nil 


246 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


■i! 


they  wish.  I  am  sutislicd  of  the  correctness  of  this  conclusion 
from  all  tliat  I  have  witnessed  of  Indian  character,  evou  among 
the  praiseworthy  Ncz  Perc63.  And  should  the  Government  of 
the  United  States  withhold  her  protection  from  her  subjects  in 
Oregon,  they  will  be  under  the  necessity  of  entering  into  treaty 
stipulations  with  the  IncMans,  in  violation  of  the  laws  of  the 
United  States,  as  preferable  to  a  resort  to  force  of  arras. 

Hitherto,  the  immigranta  have  had  no  serious  difliculty  in 
passing  through  the  territory  of  these  tribes;  but  that  their 
I)as9age  is  becoming  more  and  more  a  subject  of  interest  to  the 
Indians  is  abundantly  manifest.  They  collect  about  the  road 
from  every  part  of  the  country,  and  have  looked  on  with  amaze- 
ment ;  but  the  novelty  of  the  scene  is  fast  losing  its  power  to 
hold  in  check  their  baser  passions.  Tlie  next  immigration  will, 
in  all  probability,  call  forth  developments  of  Indian  character 
which  have  been  almost  denied  an  existence  among  these  peo- 
ple. Indeed,  sir,  had  you  not  taken  the  precaution  to  conciliate 
their  good  feelings  and  friendship  toward  the  whites  just  at  tho 
time  tl)oy  were  meeting  each  other,  it  is  to  be  doubted  whether 
there  had  not  been  some  serious  ditliculties.  Individuals  on 
both  sides  have  been  mutually  provoked  and  exasperated  during 
the  passage  of  each  immigration,  and  these  cases  are  constantly 
multiplying.  Much  prudence  is  required  on  tho  part  of  tho 
whites,  and  unfortunately  they  have  very  little  by  the  time  they 
reach  tho  Columbia  Valley.  Some  of  the  late  immigrants,  los- 
ing their  horses  and  very  naturally  supposing  them  stolen  by  the 
Indians,  wont  to  tho  bands  of  horses  owned  by  tho  Indians  and 
took  as  many  as  they  wished.  You  are  too  well  acquainted 
with  Indians  to  suppose  that  suoh  a  course  can  be  persisted  in 
without  producing  serious  results.  ((Jray's  "Oregon,"  pages 
414-410.) 

Goveraor  Abernethy,  in  his  messngo  to  tlie  Legisla- 
tive Assembly  of  Oregon  under  date  of  December  7, 
1847,  says  : 

Our  relation  with  the  Indiana  becomes  every  year  more 
embarrassing.    They  see  tho  white  man  occupying  their  lands, 


BELATIOXS  WITU  TUE  INDIANS. 


247 


rapidly  fillin;^  np  the  conntry,  and  they  put  in  a  claim  for  pay. 
They  hare  been  told  that  a  chief  would  come  out  from  the  Uni- 
ted States  and  treat  with  them  for  their  lands ;  they  have  been 
told  this  so  often  tL^  tbey  begin  to  doubt  the  truth  of  it.  At 
all  events,  they  say;  "He  will  not  conio  till  we  are  all  dead, 
and  tht-n  what  good  will  blankets  do  us  ?  We  want  something 
now,"  Thi^lejidi'  to  trouble  between  the  settler  and  the  In- 
dians about  bim-  Some  plan  sbould  be  devised  by  which  a  fund 
can  be  raise<l,  and  presents  made  to  the  Indians  of  sufficient 
value  to  keep  tbem  qniet  until  an  agent  arrives  from  the  United 
States.  A  number  of  robberies  have  been  committed  by  the 
Indians  in  the  npper  country  upon  the  emigrants  as  they  were 
passing  throogfa  their  territory.  This  should  not  be  allowed  to 
pass.  An  approprijUion  should  be  made  by  you,  sufficient  to 
enable  the  Saperiotendent  of  Indian  Affairs  to  take  a  small 
party  in  the  spring:  and  demand  restitution  of  the  property,  or 
its  equivalent  in  hor><es.  Without  an  appropriation,  a  sufficient 
party  would  not  be  induced  to  go  up  there,  as  the  trip  is  an  ex- 
pensive one.     (•'Orepjn  Laws  and  Archives,"  page  210.) 

We  were  delicately  situated  in  Oregon  up  to  near  tlie 
close  of  l!*40,  when  news  of  the  treaty  between  Great 
Britain  and  the  United  States  reached  us.  We  knew 
that  under  former  treaties  the  citizens  and  subjects  of 
both  governments  were  privileged  to  occupy  tlie  coun- 
try jointly  ;  bat  that  joint  occupation  of  the  territory 
did  not  mean  joint  occupation  of  the  same  tract  of  land 
or  of  the  same  premises,  but  the  party  first  in  posses- 
sion was  entitled  to  continue  it  until  the  question  of 
sovereignty  ^hoidd  be  settled.  Our  community  was 
composed  of  American  citizens  and  British  subjects,  in- 
termingled together  as  neighbors,  with  all  tlieir  respec- 
tive national  attachments,  manners,  and  prejudices  ;  and 
we  had  our  full  s^hare  of  reckless  adventurers  and  other 
bad  men.  The  extremists  and  ultras  of  both  sides  would 
have  brought  us  into  armed  conflict,  and  perhaps  in- 


I 

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f 


(I 

I 

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m 


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J 


m 

.  'I 


i 


248 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


'  t  1 


m 


a 


\mi 


volved  the  two  countries  in  war,  but  for  the  manly  good 
sense  of  our  leading  men,  supported  by  the  great  ma- 
jority of  the  people. 

It  was  most  fortunate  for  us  that  the  executive  office 
of  our  little  provisional  government  was  at  all  times 
filled,  not  only  by  Americans,  but  by  those  who  were 
well  fitted  for  that  position,  both  as  to  capacity  and 
conciliatory  firmness.  I  have  already  spoken  of  Osborn 
Russell  and  P.  G.  Stewart,  who  acted  as  the  Executive 
Committee  during  part  of  the  years  1844  and  1845. 
They  were  admirable  men  for  that  position.  They  were 
succeeded  by  George  Abernethy,  who  filled  the  position 
until  the  provisional  organization  was  superseded  by 
the  regular  Territorial  government,  under  the  act  of 
Congress  of  August  14,  1848. 

Governor  Abernethy  was  precisely  fitted  for  the  po- 
sition in  every  respect.  Though  he  had  no  regular  legal 
education,  he  was  a  man  of  admirable  good  sense,  of  calm, 
dispassionate  disposition,  of  amiable,  gentle  manners, 
and  above  the  influences  of  passion  and  prejudice.  He 
did  his  duty  most  faithfully  to  the  utmost  of  his  ability; 
and  his  ability  was  ample  for  that  time  and  that  country. 
He  fully  comprehended  the  exact  situation,  and  acted 
upon  the  maxim,  "  Make  haste  slowly,"  believing  that 
such  was  not  only  the  best  policy,  but  the  best  justice. 
Time  amply  vindicated  the  wisdom  and  efficiency  of  the 
course  he  pursued.  We  attained  all  our  hopes  and 
wishes  by  peaceful  means.  "  Peace  hath  her  triumphs," 
greater  than  those  of  war,  because  the  triumphs  of  peace 
cost  so  much  less.  It  is  a  matter  of  doubt  whether,  in 
the  settlement  of  any  portion  of  America  by  the  Avhitcs, 
any  greater  wisdom,  forbearance,  and  good  sense  have 
been  shown,  except  in  the  celebrated  case  of  William 
Penn. 


MASSACRE  OF  DR.   WHITMAN  AND  OTHERS.       249 


iace 

V,  i" 

]tcs, 

ave 
iiam 


MASSACRE    OF    DR.  WHITMAN  AND    OTHERS — INDIAN    WAR 

ITS    RESULT. 

On  Monday,  November  29,  1847,  the  horrible  mas- 
sacre of  Dr.  Marcus  Whitman,  his  lady,  and  others,  by 
the  Cayuse  Indians,  took  place  ;  which  event,  in  the 
just  language  of  Mr.  Douglas,  was  "  one  of  the  most 
atrocious  which  darken  the  annals  of  Indian  crime." 
Within  a  few  days  other  peaceful  Americans  were 
slaughtered,  until  the  whole  number  of  victims  amount- 
ed to  from  twelve  to  fifteen.  This  painful  event  was 
made  known  at  Oregon  City  on  December  8,  1847,  as 
already  stated. 

I  knew  Dr.  Whitman  well  ;  I  first  saw  him  at  the 
rendezvous  near  the  western  line  of  Missouri,  in  May, 
1843 ;  saw  him  again  at  Fort  Hall  ;  and  again  at  his 
own  mission  in  the  fall  of  that  year,  as  already  stated. 
I  remember  that  the  first  I  heard  of  the  false  and  un- 
grateful charge  made  by  a  portion  of  our  immigrants 
(an  account  of  which  I  have  already  given)  was  from  his 
own  lips.  I  was  standing  near  his  house  when  he  came 
to  me  with  the  painful  expression  of  deep  concern  upon 
his  countenance,  and  asked  me  to  come  with  him  to  his 
room.  I  did  so,  and  found  one  or  two  other  gentlemen 
there.  He  was  deeply  wounded,  as  he  had  ample  cause 
to  be,  by  this  unjustifiable  conduct  of  some  of  our  peo- 
ple. He  stated  to  us  the  facts.  I  again  saw  him  at  my 
home  in  the  Tualatin  Plains  in  1844.  He  called  at  my 
house,  and,  finding  I  was  in  the  woods  at  work,  he  came 
to  me  there.  This  was  the  last  time  I  ever  saw  him. 
Our  relations  were  of  the  most  cordial  and  friendly 
character,  and  I  had  the  greatest  respect  for  him. 

I  consider  Dr.  Whitman  to  have  been  a  brave,  kind, 
devoted,  and  intrepid  spirit,  without  malice  and  with- 


n 


I 


t 


''-'1 


I'l; 


ifj 


i 


250 


RECOLLECTIONS  OF   AN  OLD   PIONEER. 


■^  'IV 


out  reproach.  In  my  best  judgment,  he  made  greater 
sacrifices,  endured  more  hardships,  and  encountered  more 
perils  for  Oregon  than  any  other  one  man  ;  and  his  ser- 
vices were  practically  more  efficient  than  those  of  any  oth- 
er, except  perhaps  those  of  Dr.  Linn,  United  States  Sen- 
ator f ron-  Missouri.  I  aaj perhaps,  for  I  am  in  doubt  as 
to  which  of  these  two  men  did  more  in  effect  for  Oregon. 
The  news  of  this  bloody  event  thrilled  and  roused 
our  people  at  once  ;  and  within  a  very  short  time,  con- 
sidering the  season  and  other  circumstances,  we  raised 
an  army  of  some  five  hundred  brave  and  hardy  men, 
and  marched  them  into  the  enemy's  country.  Several 
battles  were  fought,  the  result  of  which  is  well  and  con- 
cisely stated  by  Governor  Abernethy,  in  his  message  to 
the  Legislative  Assembly  of  Oregon,  under  date  of 
February  5,  1849 : 

I  am  bappy  to  inform  you  that,  through  aid  of  the  Territory 
to  go  in  pursuit  of  the  murderers  and  their  allies,  and  of  those 
who  contributed  so  hborally  to  the  support  of  our  fellow  citi- 
zens in  the  field,  the  war  has  been  brought  to  a  successful  ter- 
mination. It  is  true  that  the  Indians  engaged  in  the  massacre 
were  not  captured  and-  punished ;  they  were,  however,  driven 
from  their  homes,  their  country  taken  possession  of,  and  they 
made  to  understand  that  the  power  of  the  white  man  is  far  su- 
perior to  their  own.  The  Indians  have  a  large  scope  of  country 
to  roam  over,  all  of  which  they  were  well  acquainted  with, 
knew  every  pass,  and  by  this  knowledge  could  escape  the  pun- 
ishment they  80  justly  merited.  In  view  of  this  the  troops 
wore  recalled  and  disbanded  early  in  July  last,  leaving  a  small 
force  under  the  command  of  Captain  Martin  to  keep  possession 
of  the  post  at  Wailatpu,  and  a  few  men  at  Woscopum.  Captain 
Martin  remained  at  "Wailatpu  until  the  middle  of  September, 
when  the  time  for  which  his  men  had  enlisted  expired.  Ho 
however,  before  leaving,  sent  a  party  to  bring  in  the  last  com- 
pany of  emigrants. 


INDIAN  WAR. 


551 


Tho  appearance  of  so  many  armed  men  among  the  Indians 
in  their  own  country  had  a  very  salutary  etfect  on  them;  this 
is  seen  by  their  refusing  to  unite  with  tlio  Cayuse  '  idians,  by 
their  profession  of  friendship  to  tho  Americans,  and  by  the 
safety  with  which  the  immigration  passed  through  tho  Indian 
country  the  past  season. 

Heretofore  robberies  have  been  committed  and  insults  of- 
fered to  Americans  as  they  would  pass  along,  burdened  with 
their  families  und  goods,  and  worn  down  with  the  fatiguos  of  a 
long  journey,  and  this  was  on  the  increase;  each  successive  im- 
migration suffered  more  than  the  preceding  one.  But  this  year 
no  molestation  was  offered  in  any  way.  On  the  contrary,  every 
assistance  was  rendered  by  tho  Indians  in  crossing  rivers,  for  a 
reasonable  compensation. 

Having  learned  the  power  and  ability  of  the  Anie  icans,  I 
trust  tho  necessity  of  calling  on  our  citizens  to  punish  them 
hereafter  will  be  obviated.  ("Oregon  Laws  and  Archives," 
page  272.) 

This  attack  of  the  Indians  was  attributed  by  some 
persons,  and  especially  by  Mr.  Spaulding,  to  the  instiga- 
tion of  the  Catholic  missionaries  in  that  country.  I 
thought  the  charge  most  unjust,  and  think  so  still.  Tho 
charge  was  too  hon-ible  in  its  very  nature  to  be  believed 
unless  the  evidence  was  conclusive  beyond  a  reasonable 
doubt.  There  were  most  ample  grounds  upon  which  to 
account  for  the  massacre,  without  accusing  these  mis- 
sionaries of  that  horrible  crime.  Mr.  Spaulding  and 
myself  agreed  to  discuss  the  matter  through  the  col- 
umns of  a  small  semi-monthly  newspaper,  published  by 
Mr.  Griffin,  and  several  numbers  were  written  and  pub- 
lished by  each  of  us  ;  but  the  discovery  of  the  gold 
mines  in  California  put  a  stop  to  the  discussion. 

12 


i« 


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l)  f  ,:i 


111 


I 


•  c. 


i 
* 


I 


CHAPTER  VI. 

DISCOVERY    OF     GOLD    IN    CALIFORNIA — DETERMINE    TO 
GO   TO   THE   MINES — ORGANIZE   A   WAGON-PARTY. 


I: 


I  HAD  been  a  member  of  the  Legislative  Committee 
of  1844,  had  taken  a  leading  part  in  that  little  body, 
and  had  done  what  I  considered  my  fair  proportion  of 
the  work,  under  all  the  then  existing  circumstances. 
We  had  adopted  a  code  of  laws,  which,  though  imper- 
fect, was  ample  for  that  time  and  that  country.  I  looked 
forward  to  the  speedy  settlement  of  the  question  of 
sovereignty  in  our  favor,  and  it  was  so  settled  within 
two  years  thereafter. 

As  before  stated,  I  went  to  Oregon  to  accomplish 
three  purposes.  I  had  already  assisted  to  lay  the  foun- 
dation of  a  great  American  community  on  the  shores  of 
the  Pacific,  and  the  trip  across  the  Plains  had  fully  re- 
stored the  health  of  Mrs.  Burnett.  There  was  still  one 
great  end  to  attain — the  payment  of  my  debts.  I  had 
a  family  of  eight  persons  to  support,  and  a  large  amount 
of  old  indebtedness  to  pay.  My  debts  were  just,  and  I 
believed  in  the  great  maxim  of  the  law,  that  "  a  man 
must  be  just  before  he  is  generous."  Had  the  essential 
interest  of  a  large  body  of  my  fellow  men,  in  my  judg- 
ment, required  further  sacrifices,  I  would  have  made 
them  most  cheerfully.  But,  the  foundation  of  a  great 
community  on  this  coast  having  been  laid,  all  else  would 


i  I 


DISCOVERY   OF  GOLD   IN  CALITORNIA. 


253 


naturally  follow  as  a  matter  of  course,  as  there  were 
others  competent  to  continue  the  work. 

The  obligation  to  support  my  family  and  pay  my 
debts  was  sacred  with  me  ;  and  I  therefore  gave  the 
larger  portion  of  my  time  to  my  own  private  affairs  so 
long  as  I  remained  in  Oregon.  I  did  not  then  foresee 
the  discovery  of  gold  in  California  ;  and  for  this  reason 
my  only  chance  to  pay,  so  far  as  I  could  see,  was  to  re- 
main and  labor  in  Oregon.  I  had  not  the  slightest  idea 
of  leaving  that  country  until  the  summer  of  1848.  Be- 
fore I  left,  I  had  paid  a  small  portion  of  my  old  indebt- 
edness. I  always  had  faith  that  I  should  ultimately 
pay  every  dollar. 

In  the  month  of  July,  1848  (if  I  remember  correctly), 
the  news  of  the  discovery  of  gold  in  California  reached 
Oregon.  It  passed  from  San  Francisco  to  Honolulu, 
thence  to  Nesqualy,  and  thence  to  Fort  Vancouver.  At 
that  very  time  there  was  a  vessel  from  San  Francisco 
in  the  Willamette  River,  loading  with  flour,  the  master 
of  which  knew  the  fact  but  concealed  it  from  our  people 
for  speculative  reasons,  until  the  news  was  made  public 
by  the  gentlemen  connected  with  the  Hudson's  Bay 
Company. 

This  extraordinary  news  created  the  most  intense 
excitement  throughout  Oregon.  Scarcely  anything  else 
was  spoken  of.  We  had  vanquished  the  Indians,  and 
that  war  for  the  time  was  almost  forgotten.  We  did  not 
know  of  the  then  late  treaty  of  peace  between  Mexico 
and  the  United  States  ;  but  we  were  aware  of  the  fact 
that  our  Government  had  possession  of  California  ;  and 
we  knew,  to  a  moral  certainty,  that  it  would  never  be 
given  up. 

Many  of  our  people  at  once  believed  the  reported 
discovery  to  be  true,  and  speedily  left  for  the  gold  mines 


I 


I' 


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n; 


i 


II 

I: 
iil'l 

■I* 


,w 


i 


1 


I 


25i 


RECOLLECTIONS  OF  A.V   OLD   riONEER. 


witli  pack-animals.  I  tliink  that  at  least  two  thirds  of 
til"  male  poijulation  of  Oregon,  capable  of  bearing  arms, 
istartcd  for  California  in  the  summer  and  fall  of  1848. 
The  white  population  of  Oregon,  including  the  late  im- 
migrants, must  have  amounted  then  to  from  eight  to 
ten  thousand  people,  lief  ore  we  left,  many  persons  ex- 
pressed their  ai>prehensions  that  the  Indians  might  re- 
new hostilities  during  the  absence  of  so  many  men.  But 
those  of  us  who  went  to  the  mines  that  fall  (leavi.'g  oi'r 
families  behind  in  Oregon)  hail  no  fears  of  any  further 
attacks  from  the  Indians.  Time  proved  that  we  were 
right. 

These  accoiiiits  were  so  new  and  extraordinary  to  us 
at  that  time,  that  1  had  my  doubts  as  to  their  truth, 
until  I  had  evidence  satisfactory  to  me.  I  did  not  jump 
to  conclusions,  like  some  jteople  ;  but  when  I  saw  a  let- 
ter which  had  been  written  in  California  by  Ex-Gov- 
ernor Lilburn  W.  I'oggs,  formerly  of  Missouri,  to  his 
brother-in-law  Colonel  Boon  of  Oregon,  I  was  fully  sat- 
istied.  I  had  known  Governor  l>oggs  since  1H:>1,  was 
familiar  with  his  handwriting,  and  knew  Colonel  Boon; 
and  there  was  no  reasonable  cause  to  doubt.  This  let- 
ter I  read  about  the  last  of  August,  1848. 

I  saw  my  opportunity,  and  at  once  consulted  with 
my  wife.  I  told  her  I  thought  that  it  was  our  duty  to 
separate  again  for  a  time,  though  wo  had  promised  each 
other,  after  our  long  separation  of  fourteen  months  dur- 
ing our  early  marri«  d  life,  that  we  wotd<l  not  separate 
again.  I  saitl  that  this  was  a  new  and  spt'<'ial  case,  never 
anticipated  by  us;  that  it  was  the  only  certain  opportunity 
to  get  out  of  del)t  within  a  reasonable  time,  and  I  thought 
it  my  duty  to  make  the  effort.  She  consented,  and  I 
came  to  California,  and  succeeded  beyond  my  expecta- 
tions.    I  paid  all  my  debts,  i)rincipal  and  interest,  secur- 


DETERMINE   TO  GO   TO  THE   MINES. 


255 


ity  debts  and  all.  Time  conclusively  ])roved  the  wisdom 
and  justice  of  ray  course.  I  set  out  to  accomi)lish  three 
important  objects  ;  and,  thanks  be  to  God,  I  succeeded 
in  all. 

When  I  had  determined  to  come  to  California,  I  at 
once  set  to  work  to  prepare  for  the  journey.  All  who 
preceded  me  had  gone  with  pack-animals  ;  but  it  oc- 
curred to  me  that  we  might  be  able  to  make  the  trip 
with  wagons.  I  went  at  once  to  see  Dr.  jNIcLoughlin, 
and  asked  his  opinion  of  its  practicability.  AVithout 
hesitation  he  replied  that  he  thought  we  could  succeed, 
and  recommended  old  Thomas  JNlcKay  for  pilot.  No 
wagons  had  ever  passed  between  Oregon  and  California. 
Thomas  McKay  had  made  tlie  trip  several  times  with 
pack-trains,  and  knew  the  general  nature  of  the  country, 
and  the  courses  and  distances  ;  but  he  knew  of  no  prac- 
ticable wagon-i'Hite,  as  he  had  only  traveled  with  pack- 
animals. 

This  was  about  the  first  of  8epteml»er,  1H48.  I  at 
once  went  into  the  streets  of  Oregon  City,  and  proposed 
the  immediate  organization  of  a  wagon-company.  The 
))ropos.i  on  was  received  with  decided  favor  ;  and  in 
eight  days  we  had  organized  a  company  of  one  hundred 
and  fifty  stout,  robust,  energetic,  sober  men,  and  fifty 
wagons  and  ox-teams,  and  were  off  for  the  gold  mines 
of  California.  We  had  only  one  family,  consisting  of 
the  husband,  wife,  aiid  three  or  four  children.  We  liad 
fresh  teams,  strong  wagons,  an  ample  supjdy  of  pro- 
visions for  six  months,  and  a  good  assortment  of  inining 
imjili'ments.  I  had  two  wagons  and  teams,  and  two 
saddle-horses  ;  and  I  took  plank  in  the  bottoms  of  my 
wagons,  with  which  I  constructed  a  gold-rockcr  after 
we  arrived  in  the  mines. 

Wo  were  not  certain  that  we  could  go  through  with 


t 


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II 


I"  I 


250 


RECOLLECTIONS  OF   AN  OLD  PIONEER. 


our  wagons,  and  thought  we  might  be  caught  in  the 
mountains,  as  were  the  Donner  party  in  1840.  In  case 
we  had  been  snowed  in,  we  had  plenty  of  provisions  to 
live  upon  during  the  winter.  Besides,  we  were  appre- 
hensive that  there  might  be  a  great  scarcity  of  provi- 
sions in  the  mines  during  the  winter  of  1848-'9.  The 
only  article  I  purchased  in  the  mines  was  some  molass-es, 
having  everything  else  in  the  way  of  provisions. 

"Advances  of  outfits  were  made  to  such  men  as 
Hastings  and  his  party,  Burnett,  and  other  prominent 
men.  .  .  . 

"Those  who  proposed  going  to  California  could 
readily  get  all  the  supplies  they  required  of  the  com- 
pany by  giving  their  notes  payable  in  California." 
(Gray's  "Oregon,"  301.) 

This  is  a  mistake,  so  far  as  I  was  concerned.  I  had 
plenty  of  wheat,  cattle,  and  hogs,  and  did  not  need  ad- 
vances. My  outfit  cost  very  little  additional  outlay, 
for  the  simple  reason  that  I  had  my  own  wagons  and 
teams,  except  one  yoke  of  oxen  which  I  purchased  of 
Pettigrove,  in  I'ortland,  and  paid  for  at  the  time.  I  had 
the  two  horses  that  I  took  with  me,  and  all  the  provi- 
sions that  I  required,  except  a  few  pounds  of  tea.  I  had 
an  ample  supply  of  sugar,  for  reasons  already  stated.  I 
had  all  the  clothes  required,  and  plenty  of  tools,  except 
two  picks  which  I  got  a  blacksmith  in  Oregon  City  to 
make.  I  do  not  remember  to  have  purchased  a  single 
article  on  credit. 


OFF   FOR    CALIFORNIA — IXCIDKNT8   OP   THE   TRir. 

I  was  elected  captain  of  the  wagon-party,  and 
Thomas  McKay  was  employed  as  pilot.  We  followed 
the  Applogate  route  to  Klamath  Lake,  where  we  left 
that  road  and  took  a  southern  direction.     Thomas  Mc- 


OFF  FOR  CALIFOUXIA. 


257 


Kay,  myself,  and  five  others,  well  armed  and  mounted, 
went  on  in  advance  of  the  wagons  to  discover  the  best 
route,  leaving  the  wagons  to  follow  our  trail  until  other- 
wise notified.  We,  the  road-hunters,  took  with  us  plenty 
of  flour,  sugar,  and  tea,  and  depended  upon  our  guns  for 
meat. 

We  passed  over  comparatively  smooth  prairie  for 
some  distance.  One  evening  we  encamped  at  what  was 
then  called  Goose  Lake.  It  being  lato  in  the  season, 
the  wacer  in  the  lake  was  very  low,  muddy,  and  almost 
putrid.  Vast  flocks  of  pelicans  were  visiting  this  lake 
at  that  time,  on  their  way  south.  I  remember  that  we 
killed  one  on  the  wing  with  a  rifle. 

The  water  being  so  bad,  we  drank  very  little,  and 
left  early  next  morning.  We  traveled  over  prairie  some 
twenty  miles  toward  a  heavy  body  of  timber  in  the  dis- 
tance, then  entered  a  rocky  cedar-grove  about  six  miles 
in  width.  As  our  horses  were  not  shod,  their  feet  be- 
came sore  and  tender  while  ])as9ing  over  this  rough 
road.  We  then  entered  a  vast  forest  of  beautiful  pines. 
Our  pilot  told  us  that,  if  he  was  not  mistaken,  we  should 
find  in  the  pine-timber  an  Indian  trail ;  and,  sure  enough, 
we  soon  came  to  a  plain  horse-patli  through  the  open 
forest.  We  followed  this  trail  until  sunset,  and  en- 
camped in  a  small,  dry  prairie,  having  traveled  all  day 
beneath  a  hot  October  sun  without  water.  Our  little 
parly  were  sober,  solemn,  and  silent.  No  one  ate  any- 
thing except  myself,  and  I  only  ate  a  very  small  piece 
of  cold  bread. 

We  left  this  dry  and  desolate  camp  early  next  morn- 
ing. About  10  o'clock  one  of  our  party  naw  a  deer, 
and  followed  it  to  a  beautiful  little  stream  of  water, 
flowing  from  the  hills  mto  the  forest.  We  spent  the 
remainder  of  the  day  on  the  banks  of  this  clear  branch, 


n 


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258 


RECOLLECTIOXS  OF   AN   OLD   PIONEER. 


drinking  water  .and  eating  a  badger.  When  I  first 
drank  the  water  it  had  no  pleasant  taste,  but  seemed 
like  rain-water  ;  but  my  natural  thirst  soon  retunied, 
and  I  found  that  no  luxury  was  equal  to  water  to  a 
thirsty  man.  We  sent  out  three  or  four  hunters  for 
game  ;  but  they  returned  about  2  r.  m.  with  a  large  bad- 
ger. This  w^as  all  the  meat  we  had.  We  dressed  and 
cooked  it  well ;  and,  to  our  keen  and  famished  appe- 
tites, it  w^as  splendid  food.  The  foot  of  the  badger,  tbe 
tail  of  the  beaver,  the  ear  of  the  hog,  and  the  foot  of 
the  elei)hant  are  superior  eating.  I  have  myself  eaten 
of  all  but  the  last,  and  can  speak  from  personal  knowl- 
edge ;  and,  as  to  the  foot  of  the  elephant,  I  can  give  Sir 
Samuel  Baker  as  my  authority,  in  his  "  Explorations,"  etc. 
We  kit  next  morning,  thoroughly  refreshed  and 
rested  ;  and  we  had  not  traveled  more  than  ten  miles 
when  we  came  in  sight  of  Pitt  River,  a  tributary  of  the 
Sacramento.  It  was  hero  but  a  small  creek,  with  a  val- 
ley about  half  a  mile  wide.  When  we  ha<l  approaclied 
near  the  stream,  to  our  utter  surprise  and  astonishment, 
we  found  a  new  wagon-road.  Who  made  this  road  wo 
could  not  at  first  imagine.  A  considerable  number  of 
those  coming  to  California  with  pack-animals  decided 
to  follow  our  trail,  rather  than  come  by  the  usual  pack- 
route.  1'hese  packers  had  overtaken  us  the  preceding 
evening,  and  were  with  us  when  we  discovered  this  new 
wagon-roatl.  It  so  happened  that  one  of  them  had  been 
in  California,  and  knew  old  Peter  Lassen.  This  man 
was  a  sensible  fellow,  and  at  once  gave  it  as  liie  opinion 
that  this  road  had  been  made  by  a  small  ]>arty  of  immi- 
grants whom  Lassen  had  persua<led  to  come  to  Cali- 
fornia by  a  new  route  that  would  enter  the  gr.^at  valley 
of  the  Sacramento  at  or  near  Lassen's  rancho.  This 
conjectural  explanation  proved  to  be  the  true  one. 


¥^^ 


J' 


wo 
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vli- 
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This 


IXCIDEXTS  OF  THE  TRIP. 


259 


So  soon  as  these  packers  found  this  road,  they  left 
us.  No  amount  of  argument  could  indu^'e  them  to  re- 
main with  us.  They  thought  our  progn^ss  too  slow. 
This  k'ft  our  little  party  of  roa<l-hunters  alone  in  a  wild 
Indian  country,  the  wagons  being  some  distance  behind. 

We  followed  the  new  road  slowly.  One  day,  while 
passing  through  open  pine-woods,  wc  saw  an  Indian, 
some  two  hundred  yards  ahead  of  us.  lie  was  intent  on 
huntinjr,  and  did  not  see  us  until  Ave  were  within  a  him- 
dred  yards,  chai'ging  down  upon  him  with  our  horses 
at  full  speed.  lie  saw  that  escape  by  flight  mms  im- 
possible ;  so  he  hid  under  a  dump  of  bushes.  We  soon 
came  up,  and  by  signs  ordered  him  to  come  out  from 
his  ))laco  of  coroealment.  This  command  he  understood 
and  promptly  obeyed,  lie  was  a  stout,  active  young 
man,  apparently  twenty-five  years  of  age,  and  had  a 
large  gray  squirrel  un<ler  his  belt,  which  he  had  killed 
with  his  bow  and  .arrow,  lie  evidently  feared  that  we 
would  take  his  life  ;  but  we  treated  bim  kindly,  spent 
some  time  conversing  with  him  as  well  as  we  could  by 
signs,  and  then  left  him  in  peace. 

From  the  point  where  we  struck  the  Ljiasen  road,  it 
continued  down  the  river  in  a  western  direction  ten  or 
fifteen  miles  until  the  river  turned  ♦  >  the  south  and  ran 
through  a  carion,  the  roail  ascending  the  tull  hills,  and 
continuing  about  west  for  twenty  to  thirty  miles,  when 
it  came  again  to  and  crossed  the  river.  The  same  day 
that  we  saw  the  Indian  we  encamped,  after  dark,  on  n 
high  bluff  above  the  river.  We  had  had  no  water  to 
drink  since  morning,  and  had  traveled  late  in  th''  hope 
of  finding  a  good  encampment. 

The  niglit  was  so  dark,  awl  the  bluff  was  so  Htocp 
and  rough,  that  we  feared  1to  aittempl  to  <jn  to  the  river 
ior  water,  though  we  could  distinctly  hear  the  roar  of 


! 


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2G0 


RECOLLECTIONS  OF  AX  OLD  PIONEER. 


m 

I'M  W 

\n  f 


the  stream,  as  it  dashed  among  the  rocks  below.  At 
length,  one  of  ouv  men  determined  to  go  for  water.  lie 
took  with  him  a  small  tin  bucket  ;  and,  after  having 
been  absent  a  considerable  time,  he  returned  with  the 
bucket  about  one  fourth  full,  having  spilt  most  of  the 
water  on  his  return  to  camp.  The  amount  for  each  of 
us  was  so  small  that  our  thirst  was  increased  rather 
than  diminished. 

The  next  morning  we  left  early,  and  followed  the 
road  to  the  crossing  of  the  river,  where  we  arrived  about 
noon.  Here  we  spent  the  remainder  of  that  day.  The 
valley  at  this  point  was  about  a  mile  and  a  half  wide, 
and  without  timber  ;  and  the  descent  into  it  was  down 
a  tall  hill,  which  was  not  only  steep,  but  rocky  and 
heavily  timbered.  In  the  middle  of  this  valley  there 
was  a  solitary  ridge  about  a  mile  long  and  a  quarter  of 
a  mile  wide  at  its  base,  and  some  two  hundred  feet  high, 
covered  with  rocks  of  various  sizes.  We  determined  to 
discover,  if  we  could,  a  new  and  easier  route  down  the 
bill.  For  this  purpose  we  ascended  this  ridge,  from  the 
summit  of  which  we  could  have  an  excellent  view  of  the 
fac^'  of  the  hill,  doAvn  which  our  wagons  must  come. 

While  we  were  quietly  seated  upon  the  rocks,  we 
saw  an  Indian  emerge  from  the  edge  of  the  timber  at 
the  foot  of  the  hill,  about  three  fourths  of  a  mile  dis- 
tant, and  start  in  a  brisk  run  across  the  intervening 
prairie  toward  us.  I  directed  the  men  to  sit  perfectly 
still  until  the  Indian  should  be  hiilden  from  our  vi^w, 
and  then  to  separate,  and  \vt  him  fall  into  the  ambush. 
We  occupied  the  highest  point  of  this  lonely  ridge,  and 
we  knew  he  would  make  for  the  same  spot,  for  the  pur- 
pose of  overlooking  our  catnj).  We  waited  until  he 
came  to  the  toot  of  the  ridge,  from  which  position  he 
could  not  see  us  ;  and  then  we  divided  our  men  into 


ur- 
lie 


INCIDENTS  OF  THE  TRIP. 


201 


two  panics,  ea.ch  party  taking  up  a  difTcront  position. 
Very  soon  the  Indian  came  within  about  thirty  foot  of 
one  of  our  parties,  and  suddenly  found  himself  con- 
fronted with  four  rifles  pointed  at  him,  with  a  command 
hy  signs  to  stop.  Of  course  it  was  a  perfect  8uri)ri8c  to 
the  |H>or  old  Indian.  He  was  about  sixty  years  old,  was 
dressed  in  bi»  kskin,  had  long  coarse  hair  and  dim  eyes, 
and  his  teeth  were  worn  down  to  the  gums. 

Notwithstanding  the  suddenness  and  completeness 
of  the  surprl-^,  the  old  hero  was  as  brave  and  cool  as 
possible.  I  had  with  me  only  an  axe  with  which  to 
blaze  the  new  and  better  way,  in  case  we  found  it,  and 
was  at  first  $ome  little  distance  from  the  Indian.  As  I 
came  toward  him  with  the  axe  on  my  shoulder,  he  made 
the  most  vi'hemcnt  motions  for  me  to  stop  and  not 
come  any  nc-arer.  I  saw  ho  was  apprehensive  that  I 
would  take  off  bi^  head  with  the  axe,  and  at  once 
•topped  and  threw  it  aside.  At  first  he  would  allow  no 
one  to  come  near  him,  but  coolly  wet  his  fingers  with 
his  tongue,  and  then  deliberately  dipped  them  into  the 
8an«l  at  the  foot  of  the  rock  on  which  he  sat ;  and,  with 
his  trusty  bow  and  arrow  in  his  Jiands,  he  looked  the 
men  full  in  the  fa^-'c,  as  much  as  to  say  :  *'  I  know  you 
have  me  in  your  |»«twer  ;  but  I  wish  you  to  understand 
that  I  am  prepared  to  sell  my  life  as  dearly  as  possible." 
I  never  saw  a  greater  display  of  calm,  heroic,  and  de- 
terminetl  courage  than  was  shown  by  this  old  Indian. 
He  was  much  braver  than  the  young  Indian  we  bad 
seen  the  day  before. 

One  of  our  men,  who  was  a  bhistering  fellow  and 
who  was  for  displaying  bis  courage  when  there  was  no 
danger,  prop^ieed  that  we  should  kill  tlie  old  Indian.  I 
at  once  put  a  damper  upon  that  coAvardly  j)roposition, 
bv  statins  to  the  fellow  that  if  he  wanted  to  kill  the 


I 


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RECOLLECTIONS  OF  AN  OLD  PIONEER. 


mw 


,t^ .. 


Indian  be  could  have  a  chance  to  do  so  in  a  fair  and 
equal  single  combat  with  him.  This  proposition,  as  I 
anticipated,  he  promptly  declined.  I  was  satisfied  that 
there  was  no  fight  in  him. 

After  some  time,  we  were  permitted  one  at  a  time 
to  approach  him.  We  offered  him  the  pipe  of  peace, 
which  he  accepted.  He  would  let  our  men  look  at  his 
bow  and  arrows  one  at  a  time,  never  parting  with  both 
of  them  at  once.  lie  was  evidently  suspicious  of 
treachery.  We  staid  with  him  some  time,  treating  him 
kindly,  Jind  then  left  him  sitting  on  his  rock.  This  was 
the  last  we  saw  of  hiin.  We  considered  this  mode  of 
treating  the  Indians  the  most  judicious,  as  it  displayed 
our  power  and  at  the  same  time  our  magnanimity.  We 
proved  that  wo  intended  no  harm  to  them,  but  were 
mere  passers  through  their  coiuitry.  They  evidently 
appreciated  our  motives,  and  the  result  was,  that  wo 
had  not  the  slightest  difficulty  with  the  Indians. 

After  crossing  tlie  river,  the  road  bore  south  ;  it 
being  impossible  to  follow  down  the  stream,  as  the 
mountains  came  too  close  to  it.  Next  morning  we  left 
our  camp  and  followed  the  road  south  about  ten  miles, 
when  we  came  to  a  beautiful  grassy  valley,  covered 
with  scattering  pine-timber.  This  valley  was  about  two 
miles  wide  where  the  road  struck  it,  and  ran  west,  the 
very  direction  we  wished  to  go.  It  seemed  a  defile 
passing  at  right  angles  through  the  Sierra  Nevada 
Mountains,  as  if  designed  for  a  level  road  into  the 
Sacramento  valley. 

We  were  much  f)lea8ed  at  the  prospect,  and  fol- 
lowed this  splendid  road  rapidly  about  eight  miles, 
when,  to  our  great  mortification,  we  came  to  the  termi- 
nation of  this  lovely  valley  in  front  of  a  tall,  steep 
mountain,  which  could  rot  be  ascended  except  by  some 


1- 


INrlDRNTS  OF  THK  TRIP. 


2g;i 


creature  that  had  either  wings  or  claws,  l^'pon  ex- 
amination, we  found  that  old  IVtcr  Lassen  and  his 
party  had  marched  west  along  this  narrow  valley  to  its 
abrupt  termination,  and  then  had  turned  ahout  and 
marched  back  to  near  the  point  where  they  er.'ioti  it, 
thus  wasting  some  ten  or  fifteen  miles  of  travel.  The 
two  portions  of  the  road  going  into  and  coming  out  of 
this  pretty  valley  were  not  more  than  half  a  mile  aparf ; 
but  this  fact  was  unknown  to  us  until  after  we  had 
brought  up  against  that  impassable  mountain. 

This  was  a  perplexing  and  distressing  situation. 
Our  own  pilot  did  not  like  this  route,  as  it  was  not  go- 
ing in  the  right  direction.  How  to  get  out  of  this  line 
of  travel,  and  get  again  upon  the  river,  was  the  ques- 
tion. We  spent  the  greater  part  of  one  day  in  explor- 
ing a  new  route,  but  found  it  impracticable.  In  our 
explorations,  we  found  a  lava-bed  some  two  miles  wide. 
It  was  clear  to  us  that  old  Peter  Lassen  was  lost,  except 
as  to  courses,  and  was  wholly  unacquainted  with  the 
particular  route  he  was  going.  Our  own  pilot  knew 
about  as  little  as  Lassen,  if  not  less.  Our  wagons,  we 
knew,  would  soon  overtake  us  ;  and  we  determined  to 
follow  Lassen's  road  ten  or  fifteen  miles  farther,  to  see 
if  it  turned  west.  Several  of  us  started  on  foot,  and 
found  that  the  road,  after  leaving  the  valley,  went  south 
about  ten  miles,  and  then  turned  duo  west,  running 
through  open  pine-timber  and  ovef  good  ground.  We 
returned  to  camp  in  the  night,  and  decided  that  we 
would  follow  Lassen's  road  at  all  hazards.  We  awaited 
the  arrival  of  our  wagons,  and  then  set  forward.  Wo 
found  the  road  an  excellent  one,  going  in  the  right  di- 
rection ;  and  we  soon  found  ourselves  upon  the  summit 
of  the  Sierra  Nevada  Mountains. 

The  summit  was  almost  a  dead  level,  covered  with 


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264 


RECOLLECTIONS  OF  AN  OLD   TIONEER. 


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stunted  pines.  We  passed  between  peaks.  The  ascent 
on  the  eastern  side  was  verj'  gradual  and  easy.  We 
encamped  one  evening  on  the  summit  near  a  small  lake; 
and  it  was  so  cold  that  night  that  ice  formed  along  its 
margin.  This  was  about  the  20th  of  October,  1848. 
We  knew  when  we  had  passed  the  summit,  from  the 
fact  that  the  streams  flowed  west.  Though  the  beds  of 
the  streams  wei*e  dry  at  that  season  of  the  year,  we  could 
tell  which  way  the  water  had  run,  from  the  drift-wood 
lodged  in  places. 

While  on  Pitt  River,  we  knew  from  the  camp-fires 
that  Lassen's  party  had  ten  wagons ;  and  from  all  ap- 
pearances we  were  pretty  sure  that  they  were  some 
thirty  days  ahead  of  us. 

OVERTAKE     PETER    LASSEN     AND    HIS    PARTY  —  ARRIVAL 
IN   THE    SACRAMENTO    VALLEY. 

We  pressed  on  vigorously,  and  soon  reached  the 
wide  strip  of  magnificent  pine-timber  found  on  the 
western  side  of  the  Sierra  Nevada.  We  had  not  pro- 
ceeded many  miles,  after  entering  this  body  of  timber, 
before  I  saw  a  large,  newly-blazed  pine-tree  standing 
near  the  road.  Approaching  I  found  these  words 
marked  in  pencil  :  "  Look  under  a  stone  below  for  a 
letter."  It  was  a  stone  lying  upon  the  surface  of  the 
ground,  and  partly  embedded  in  it.  It  had  been  re- 
moved, the  letter  placed  in  its  bed,  and  then  replaced. 
No  Int^^an  would  ever  have  thought  of  looking  under 
that  str.ne  for  anything.  I  did  as  directed,  and  found  a 
letter  addressed  to  me  by  my  old  friend  and  law-part- 
ner in  Oregon  City,  A.  L.  Love  joy,  Esq.,  one  of  the 
packers  who  had  gone  ahead  of  us.  The  letter  stated 
that  they  had  overtaken  old  Peter  Lassen  and  a  portion 


OVERTAKE   LASSEN   AND   HIS  TAKTY 


265 


;ion 


of  his  party,  lost  in  the  mountains  and  li:ilf  starved. 
That  very  evening  we  overtook  Lassen  and  half  of  his 
party  in  the  condition  described  by  Lovejoy.  In  about 
eight  days  after  we  had  first  seen  Lassen's  roa<l,  we  had 
overtaken  him. 

Peter  Lassen  had  met  the  incoming  immigration  that 
fall,  and  had  induced  the  people  belonging  to  ten  wag- 
ons to  come  by  his  new  route.  This  route  he  had  not 
previously  explored,  lie  only  had  a  correct  idea  of  the 
courses,  and  some  general  knowledge  of  the  country 
through  which  they  must  pass.  So  long  as  this  small 
party  were  traveling  through  prairies,  or  open  woods, 
they  could  make  fair  progress  ;  but,  the  moment  they 
came  to  heavy  timber,  they  had  not  force  enough  to 
open  the  road.  After  reaching  the  wide  strip  of  timber 
already  mentioned,  they  converted  their  ten  wagons 
into  ten  carts,  so  that  they  could  make  short  turns,  and 
thus  drive  around  the  fallen  timber.  This  they  found  a 
slow  mode  of  travel.  One  half  of  the  party  became  so 
incensed  against  Lassen  that  his  life  was  in  great  dan- 
ger. The  whole  party  had  been  without  any  bread  for 
more  than  a  month,  and  had  during  that  time  lived 
alone  on  poor  beef.  They  were,  indeed,  objects  of  pity. 
I  never  saw  people  so  worn  down  and  so  emaciated  as 
these  poor  immigrants. 

The  people  that  belonged  to  five  of  the  carts  had 
abandoned  them,  packed  their  poor  oxen,  and  left  the 
other  half  of  the  party,  a  short  time  before  we  reached 
those  that  remained  with  the  other  five  carts  and  with 
Lassen.  "We  gave  them  plenty  of  provisions,  and  told 
them  to  follow  us,  and  we  would  open  the  way  ourselves. 
Of  course,  they  greatly  rejoiced.  How  their  sunken 
eyes  sparkled  with  delight  !  Our  pilot,  Thomas  McKay, 
overtook  an  old  woman  on  foot,  driving  before  her  a 


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266 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


packed  ox  down  a  long,  steep  hill.  When  he  approached 
near  to  her,  he  made  a  noise  that  caused  her  to  stop  and 
look  back.  "  Who  are  you,  and  where  did  you  come 
froni  ?  "  she  asked  in  a  loud  voice.  He  informed  her 
that  he  was  one  of  a  party  of  a  hundred  and  fifty  men, 
who  were  on  their  way  fi*om  Oregon,  with  wagons  and 
ox-teams,  to  the  California  gold  mines.  "  Have  you  got 
any  flour  ?  "  "  Yes,  madam,  plenty."  "  You  are  like 
an  angel  from  Heaven  ! "  And  she  raised  a  loud  and 
thrilling  shout  that  rang  through  that  primeval  forest. 

Lassen  and  our  pilot  followed  the  trail  of  the  pack- 
ers for  some  twenty  or  thirty  miles,  as  it  passed  over 
good  ground,  but  through  heavy  timber.  We  had  from 
sixty  to  eighty  stout  men  to  open  the  road,  while  the 
others  W"er3  left  to  drive  the  teams.  We  plied  our  axes 
with  skill,  vigor  and  success,  and  opened  the  route 
about  as  fast  as  the  teams  could  well  follow. 

At  Icngtli  the  pack-trail  descended  a  long,  steep  hill, 
to  a  creek  at  the  bottom  of  an  immense  ravine.  Old 
Peter  Lassen  insisted  that  our  wagons  should  keep  on 
the  top  of  the  ridges,  and  not  go  doAvn  to  the  water. 
When  the  first  portion  of  the  train  arrived  at  tliis  point, 
they  had  to  stop  some  time  on  the  summit  of  the  hill. 
How  to  get  out  of  this  position  without  descending  into 
the  ravine  below  was  a  perplexing  question.  Our  pilots 
had  been  to  the  creek,  and  would  not  let  us  go  down 
the  hill.  In  looking  around  for  a  way  out  of  this  dilem- 
ma they  discovered  a  strip  of  ground,  about  tliirty  feet 
wide,  between  the  heads  of  two  immerse  and  impassable 
ravines,  and  connecting  the  ridge  we  were  compelled  to 
leasee  with  another.  It  was  like  an  isthmus  connecting 
two  continents.  Over  this  narrow  natural  bridge  we 
passed  in  safety. 

That  evening  a  large  portion  of  our  party  encamped 


VIEW  THE  SACRAMENTO  VALLEY. 


267 


on  the  summit  of  a  dry  ridge,  among  the  intermixed 
pine-  and  oak-timber.  They  had  traveled  all  day,  under 
a  hot  October  sun,  without  water.  This  was  the  first 
time  those  with  the  wagons  were  compelled  to  do  with- 
out water  at  night.  They  chained  their  oxen  to  their 
wagons,  is  the  animals  would  have  gone  to  water  had 
they  been  turned  out.  The  ox  has  a  keen  scent,  and 
Avill  smell  water  at  the  distance  of  one  or  two  miles.  It 
was  another  sober,  solemn,  and  silent  time.  Scarcely  a 
word  was  spoken,  and  not  a  mouthful  eaten. 

By  daybreak  next  morning  we  were  off,  and  had  only 
gone  about  five  miles  when  we  came  to  the  edge  of  the 
l)ine-forest.  From  this  elevated  point  Ave  had  a  most 
admirable  view.  Below  us,  at  the  seeming  distance  of 
ten,  but  the  real  distance  of  twenty  miles,  lay  the  broad 
and  magnificent  valley  of  the  Sacramento,  gleaming  in 
the  bright  and  genial  sunshine  ;  and  beyond,  and  in  the 
dim  distance,  rose  the  grand  blue  outlines  of  the  Coast 
Range.  The  scene  was  most  beautiful  to  us,  thirsty  as 
we  were.  How  our  hearts  leaped  for  joy  !  That  was 
our  Canaan.  Once  in  that  valley,  and  our  serious  difli- 
culties,  our  doubts  and  fears,  would  be  among  the  things 
of  the  past.  But  the  last  of  our  trials  was  the  most  se- 
vere. We  had  still  to  descend  to  that  desired  valley 
over  a  very  rough  road.    . 

From  the  place  where  we  stood,  Ave  could  see  three 
tall,  narrow,  rocky  ridges,  with  deep  ravines  between, 
running  toward  the  valley.  Neither  our  pilots  nor  any 
of  us  kncAv  Avhich  of  the  three  ridges  to  take,  and  we 
had  no  time  to  explore.  We  contemplated  the  scene 
for  a  few  moments,  and  then  looked  doAvn  the  ridges 
for  a  short  time,  and  chose  the  middle  one  at  a  venture, 
not  knowing  Avhat  obstructions  and  sufferings  were  be- 
fore us.     We  had  in  our  company  tAvo  classes.     One 


W  fct' 


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268 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


h^ 


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was  eager  to  enter  the  valley  as  early  as  possible,  while 
the  other  had  no  desire  for  haste.  I  belonged  to  the 
latter  class.  I  had  lived  and  suffered  long  enough  to 
have  acquired  some  caution. 

The  last  camp  before  the  one  where  a  portion  of  our 
people  had  done  without  water  had  plenty  of  grass,  fuel, 
and  water.  We  had  been  rapidly  descending  the  west- 
ern side  of  the  Sierra  Nevada  for  some  days  before  we 
overtook  Lassen  and  his  party  ;  and  we  knew  that  we 
could  not  be  very  far  from  the  Sacramento  valley.  Be- 
sides this  evidence,  we  found  the  red  oaks  appearing 
among  the  pines  ;  and  this  was  a  conclusive  proof  that 
Ave  were  not  far  from  that  vallev.  I  saw  that  there  was 
no  necessity  that  the  wagons  should  follow  our  pilots 
so  closely.  Our  true  policy  would  have  been  to  remain 
whore  we  first  found  the  oak-timber  until  our  pilots  had 
explored  and  selected  the  route  into  the  valley.  We 
could  have  safely  remained  at  that  good  camp  a  month 
longer  than  we  did.  But  one  portion  of  our  people  had 
the  gold-fever  too  badly  to  be  controlled.  We  who 
were  more  patient  and  cautious  were  willing  that  those 
hasty  and  ambitious  men  should  go  on  ahead  of  us,  if 
they  desired  to  do  so.  Our  two  classes  were  well 
matched,  like  the  man's  oxen,  one  of  which  wanted  to 
do  all  the  Avork,  and  the  other  was  perfectly  willing  that 
he  should. 

I  had  directed  the  men  in  charge  of  my  wagons  and 
teams  to  remain  at  that  good  camp  until  they  should  re- 
ceive other  orders.  I  then  assisted  to  open  the  road  to 
the  natural  bridge  mentioned.  After  that,  the  road  ran 
through  open  woods  and  over  good  ground  to  the  point 
where  the  pines  terminated.  I  determined  to  leave  the 
foremost  wagons  at  that  point  and  return  on  foot  to  the 
good  camp,  where  I  arrived  in  the  evening.   Next  morn- 


to 


he 


ARRIVAL  IN  THE  SACRAMENTO  VALLEY. 


2G9 


ing  early  I  took  my  best  horse  and  started  on  after  the 
foremost  wagons,  deciding  that  my  own  Avagons  and 
teams  should  remain  whei-e  they  were  until  I  hnew  they 
could  reach  the  valley  by  tnat  or  some  other  route.  The 
distance  from  the  point  where  I  left  the  foremost  wag 
ons  to  the  good  camp  was  about  fifteen  miles.  About  10 
o'clock  A.  M.  I  arrived  at  that  point,  which  I  had  left  the 
morning  before  ;  and,  looking  down  toward  the  valley,  I 
could  dimly  discern  some  of  the  white-sheeted  wagons 
on  their  dry  and  rugged  way  to  the  valley.  I  followed 
them  as  fast  as  I  could,  at  a  brisk  trot.  At  the  distance 
of  about  eight  miles  I  came  to  an  immense  mass  of  rock, 
which  completely  straddled  the  narrow  ridge  and  totally 
obstructed  the  way.  This  huge  obstacle  could  not  be 
removed  in  time,  and  the  wagons  had  to  pass  around  it. 
They  were  let  down  the  left  side  of  t^\e  ridge  by  ropes 
to  a  bench,  then  passed  along  this  bench  to  a  point  be- 
yond the  rock,  and  were  then  drawn  up  to  the  top  of 
the  ridge  again  by  doubling  teams. 

I  passed  on  about  six  miles  farther,  and  came  to  an- 
other huge  mass  of  rock  entirely  across  the  top  of  the 
ridge.  But  in  this  case  the  sides  of  the  ridge  were  not 
so  steep,  and  the  wagons  had  easily  passed  across  the 
ravine  to  the  ridge  on  the  right.  Soon,  however,  the 
ridges  sank  down  to  the  surface,  leaving  no  further  dif- 
ficulties in  the  way  except  the  loose  rocks,  which  lay 
thick  upon  the  ground.  These  rocks  were  of  all  sizes, 
from  that  of  a  man's  hat  to  that  of  a  large  barrel,  and 
constituted  a  serious  obstruction  to  loaded  wagons.  We 
could  avoid  the  larger  rocks,  as  they  were  not  so  many  ; 
but  not  the  smaller  ones,  as  they  were  numerous  and 
lay  thick  upon  the  ground.  In  passing  over  this  part 
of  our  route  two  of  the  wagons  were  broken  down. 

About  noon  I  met  one  of  our  party  who  had  been  to 


it. 

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270 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


the  valley,  and  was  on  Lis  return  to  the  good  camp, 
where  his  wagons  and  teams  as  well  as  mine  were  left. 
He  reported  to  me  that  the  route  was  practicable  ;  and 
I  sent  word  to  my  men  to  come  on  the  next  day. 

I  arrived  at  the  camp  in  the  valley,  near  a  beautiful 
stream  of  water,  a  little  after  dark,  having  traveled  that 
day  about  thirty-five  miles.  I  could  hear  the  wagons 
coming  down  that  rough,  rocky  hill  until  midnight. 
Some  of  the  people  belonging  to  the  foremost  wagons 
had  been  without  water  nearly  two  days. 

Next  morning  I  started  on  foot  to  meet  my  wagons, 
and  found  them  on  the  middle  ridge,  this  side  the  first 
huge  mass  of  rock,  about  sundown.  They  had  plenty 
of  water  for  di'inking  purposes,  and  chained  up  the  oxen 
to  the  wagons.  Next  day  they  came  into  camp  in  good 
time,  without  suffering  and  without  loss. 

ARRIVE    AT   THE     HOUSE    OF    PETER    LASSEX — ORIGIN    OF 

THE  TERM  "  PROSPECTING  " ARRIVAL    IN    THE   MINES 

— MINING. 


We  left  the  first  camp  in  the  valley  the  next  morning, 
and,  after  traveling  a  distance  of  eight  miles,  arrived  at 
the  rancho  of  old  Peter  Lassen.  The  old  pilot  was  in 
the  best  of  spirits,  and  killed  for  us  a  fat  beef  ;  and  we 
remained  at  his  place  two  or  three  days,  feasting  and 
resting.  All  organization  in  our  company  ceased  ui)on 
our  arrival  in  the  Sacramento  valley.  Each  gold-hunter 
went  his  own  way,  to  seek  his  own  fortune.  They  soon 
after  scattered  in  various  directions. 

A  day  or  two  after  we  left  Lassen's  place,  we  were 
surprised  and  very  much  amused  upon  learning  that  the 
packers  who  had  left  us  in  such  a  hurry  on  Pitt  River 
were  coming  on  behind  us.     As  stated  on  page  266, 


ORIGIN  OF  THE  WORD  "PROSPECTING." 


271 


they  Iiad  descended  a  long  steep  hill  to  a  creek  at  the 
bottom  of  an  immense  ravine.  They  followed  down  this 
stream  west  for  some  miles,  when  they  came  to  an  ob- 
struction in  their  route  that  they  could  not  possibly  pass, 
and  were  compelled  to  return  up  the  stream  east  until 
they  found  a  place  where  they  could  get  out  of  this 
ravine  on  its  northern  side.  They  came  to  the  creek  on 
its  southern  side,  and  thought  their  best  chance  to  es- 
cape was  to  be  found  on  its  northern  bank.  In  this  way 
they  were  detained  in  the  mountains  three  or  four  days 
longer  than  we  were.  They  had  plenty  of  provisions, 
and  had  suffered  but  little.  We  therefore  rallied  them 
heartily,  all  of  which  they  bore  with  the  best  of  humor. 
Our  ox-teams  had  beaten  their  pack-animals,  thus  prov- 
ing that  the  race  is  not  always  to  the  swift. 

In  passing  down  the  valley,  we  encamped  one  even- 
ing near  the  house  of  an  old  settler  named  Potter.  He 
lived  in  a  very  primitive  style.  His  yard,  in  front  of 
his  adobe  building,  was  full  of  strips  of  fresh  beef,  hung 
upon  lines  to  dry.  He  was  very  talkative  and  boastful. 
He  had  been  in  the  mines,  had  employed  Indians  to 
work  for  him,  and  had  grown  suddenly  rich  ;  and,  as 
his  head  was  naturally  light,  it  had  been  easily  turned. 
He  came  to  our  camp  and  talked  with  us  until  about 
midnight.  It  was  here  that  I  first  heard  the  word 
"  prospecting  "  used.  At  first  I  could  not  understand 
what  Potter  meant  by  the  term,  but  I  listened  patiently 
to  our  garrulous  guest,  until  I  discovered  its  meaning. 
When  gold  was  first  discovered  in  California,  and  any 
one  went  out  searching  for  new  placers,  they  would 


)> 


say,  "  He  has  gone  to  hunt  for  new  gold-diggings. 
But,  as  this  fact  had  to  be  so  often  repeated,  some  prac- 
tical, sensible,  economical  man  called  the  whoio  process 
"prospecting."     So  perfectly  evident  was  the   utility 


1 1 


HI 


ii:.: 


I 


li 


I 


:Jifri 

in 


|i 


li 


it 


fi 


272 


RECOLLECTIONS  OP  AN  OLD  PIONEER. 


:      .*! 


I>^' 


of  this  new  word  tliat  it  was  at  once  universally 
adopted. 

We  arrived  in  a  few  days  at  Captain  Sutter's  Hock 
Farm,  so  called  from  a  small  tribe  of  Indians  in  that 
vicinity.  I  called  on  the  agent,  and  made  some  inqui- 
ries as  to  the  mines.  He  replied  that  there  was  no  ma- 
terial difference  between  the  different  mining  localities, 
so  far  as  he  knew.  Those  on  the  Yuba  River  he  knew 
to  be  good. 

We  forded  the  Feather  River  a  few  miles  below 
Hock  Farm,  and  then  took  up  this  stream  toward  the 
Yuba,  and  encamped  a  little  before  sundown  near  the 
rancho  of  Michael  Nye.  Dr.  Atkinson,  then  practicing 
his  profession  in  the  valley,  came  to  our  camp.  I  in- 
quired of  him  who  resided  in  that  house.  He  replied, 
"  Mr.  Nye."  "  What  is  his  Christian  name  ?  "  "  Mi- 
chael." I  had  known  Michael  Nye  in  Missouri,  and  my 
brother-in-law  John  P.  Rogers  (who  was  with  me)  and 
Nye  had  been  intimate  friends  when  they  were  both 
young  men.  We  at  once  called  upon  Nye  at  his  hcnse. 
He  received  us  most  kindly.  He  and  his  brother-in  law 
William  Foster,  with  their  families,  were  living  to- 
gether. 

Next  morning  we  left  for  the  Yuba  ;  and,  afte.* 
traveling  some  eight  or  ten  miles,  we  arrived  at  noon 
on  the  brow  of  the  hill  overlooking  Long's  Bar.  Bolow, 
glowing  in  the  hot  sunshine,  and  in  the  narrow  val- 
ley of  this  lovely  and  rapid  stream,  we  saw  the  canvas 
tents  and  the  cloth  shanties  of  the  miners.  There  was 
but  one  log-cabin  in  the  camp.  There  were  about  eighty 
men,  three  women,  and  five  children  at  this  place.  The 
scene  was  most  beautiful  to  us.  It  was  the  first  mining 
locality  we  had  ever  seen,  and  here  we  promptly  decided 
to  pitch  our  tent.     We  drove  our  wagons  and  teams 


ARRIVAL  AT  THE  MINES. 


273 


across  the  river  into  the  camp,  and  turned  out  our  oxen 
and  horses  to  graze  and  rest. 

We  arrived  at  the  minec  November  5,  1848  ;  and 
the  remainder  of  the  day  I  &pent  looking  around  the 
camp.  No  miner  paid  the  slightest  attention  to  me,  or 
said  a  word.  They  were  all  too  busy.  At  last  I  ven- 
tured to  ask  one  of  them,  whose  appearance  pleased  me, 
whether  he  could  see  the  particles  of  gold  in  the  dirt. 
Though  dressed  in  the  garb  of  a  rude  miner,  he  was  a 
gentleman  and  a  scholar.  He  politely  replied  that  he 
could  ;  and,  taking  a  handful  of  dirt,  he  blew  away  the 
fine  dust  with  his  breath,  and  showed  me  a  scale  of  gold, 
about  as  thick  as  thin  paper,  and  as  large  as  a  flax-seed. 
This  was  entirely  new  to  me. 

In  the  evening,  when  the  miners  had  quit  work  and 
returned  <  their  tents  and  shanties,  I  found  a  number 
of  old  acquaintances,  some  from  Missouri  and  others 
from  Oregon.  Among  those  from  Missouri  were  Dr. 
John  P.  Long  and  his  brother  Willis,  for  whom  this  bar 
was  named.  I  had  not  seen  either  of  them  for  about 
six  years,  though  our  families  were  connected  by  mar- 
riage—  Dr.  Benjamin  Long,  another  brother,  having 
mamed  my  youngest  sister,  Mary  Burnett.  I  was  per- 
fectly at  home  here. 

Next  day  my  brother-in-law  John  P.  Rogers,  my 
nephew  Horace  Burnett  (both  of  whom  had  come  with 
me  from  Oregon),  and  myself  purchased  a  mining  loca- 
tion, fronting  on  the  river  about  twenty  feet,  and  reach- 
ing back  to  the  foot  of  the  hill  about  fifty  feet.  We 
bought  on  credit,  and  agreed  to  pay  for  it  three  hun- 
dred dollars  in  gold  dust,  at  the  rate  of  sixteen  dollars 
per  ounce.  We  at  once  unloaded  the  two  wagons,  and 
sent  them  and  the  oxen  and  horses  back  to  Nye's 
rancho,  where  we  made  our  headquarters. 


ill 


;1  t  '■" 


i|:  ti":l 


j!! 


iii'  i 


\  ' 


'  ' ' ' 


i 

m 

I  LI 


274 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


M 


,  ,f\ 


m 


As  already  stated,  I  had  brought  from  Oregon  new 
and  suitable  plank  for  a  rocker,  in  the  bottoms  of  my 
wagon-beds.  The  only  material  we  had  to  purchase  for 
our  gold-rocker  was  one  small  sheet  of  zinc.  I  went  to 
work  upon  the  rocker,  which  I  finished  in  one  day  ;  and 
then  we  three  set  to  work  on  the  claim  with  a  will.  I 
dug  the  dirt,  Horace  Burnett  rocked  the  rocker,  and 
John  P.  Rogers  threw  the  water  upon  the  dirt  contain- 
ing the  gold.  Within  about  three  or  four  days  we  were 
making  twenty  dollars  each  daily,  and  we  soon  paid  for 
our  claim.  We  rose  by  daybreak,  ate  our  breakfast  by 
sunrise,  worked  until  noon  ;  then  took  dinner,  went  to 
work  again  about  half-past  twelve,  quit  work  at  sun- 
down, and  slept  under  a  canvas  tent  on  the  hard  ground. 

In  the  summer  months  the  heat  was  intense  in  this 
deep,  narrow,  rocky,  sandy  valley.  The  mercury  would 
rise  at  times  to  118°  in  the  shade.  Dr.  John  P.  Long 
told  me  that  the  sand  and  rocks  became  so  hot  during 
the  day,  that  a  large  dog  he  had  with  him  would  suffer 
for  water  rather  than  go  to  the  river  for  it  before  night. 
The  pain  of  burned  feet  was  greater  to  the  poor  dog 
than  the  pain  of  thirst.  After  our  arrival  the  days  were 
not  so  hot.  .       , 

This  was  a  new  and  interesting  position  to  me.  Af- 
ter I  had  been  there  a  few  days  I  could  tell,  when  the 
miners  quit  work  in  the  evening,  what  success  they  had 
had  during  the  day.  When  I  met  a  miner  with  a  silent 
tongue  and  downcast  look,  I  knew  he  had  not  made 
more  than  eight  or  ten  dollars  ;  when  I  met  one  with  a 
contented  but  not  excited  look,  I  knew  he  had  made 
from  sixteen  to  twenty  dollars ;  but  when  I  met  one 
with  a  glowing  countenance,  and  quick,  high,  vigorous 
step,  so  that  the  rocks  were  not  much  if  at  all  in  his 
way,  I  knew  he  had  made  from  twenty  to  fifty  dollars. 


M  1^1 


THE  DONNER  PARTY. 


275 


His  tongue  was  so  flexible  and  glib  that  he  would  not 
permit  me  to  pass  in  silence,  but  must  stop  me  and  tell 
of  his  success.  Ordinary  hands  were  paid  twelve  dol- 
lars a  day,  and  boarded  and  lodged  by  the  employer. 
I  knew  one  young  man  who  had  been  paid  such  wages 
for  some  time,  but  finally  became  disgusted  and  declared 
he  would  not  work  for  such  wages.  It  cost  a  dollar 
each  to  have  shirts  washed,  and  other  things  in  propor- 
tion. There  was  no  starch  in  that  camp,  and  shirts 
were  not  ironed. 


ma 


i 


THE    DOXNER   PARTY. 

During  my  stay  in  the  mines  I  was  several  times  at 
Nye's  house,  and  on  one  occasion  I  was  there  three 
days.  I  became  well  acquainted  with  William  Foster 
and  his  family.  Foster,  his  wife,  and  !Mrs.  Nye  were 
of  the  Donner  party,  who  suffered  so  much  in  the  win- 
ter of  1846-'7. 

Mrs.  Nye  did  not  talk  much,  not  being  a  talkative 
woman,  and  being  younger  than  Mrs.  Foster,  her  sister. 
Mrs.  Foster  was  then  about  twenty-three  years  old. 
She  had  a  fair  education,  and  possessed  the  finest  nar- 
rative powers.  I  never  met  with  any  one,  not  even  ex- 
cepting Robert  Newell  of  Oregon,  who  could  narrate 
events  as  well  as  she.  She  was  not  more  accurate  and 
full  in  her  narrative,  but  a  better  talker,  than  Newell. 
For  hour  after  hour,  I  would  listen  in  silence  to  her  sad 
narrative.  Her  husband  was  then  in  good  circum- 
stances, and  they  had  no  worldly  matter  to  give  them 
pain  but  their  recollections  of  the  past.  Foster  was  a 
man  of  excellent  common  sense,  and  his  intellect  had 
not  been  affected,  like  those  of  many  others.  His  state- 
ment was  clear,  consistent,  and  intelligible.  In  the  fall 
of  1849  I  became  intimately  acquainted  with  William 
13 


♦ 


\ 


m 


a  11 


lii 


i! 


I 


i 


bi 


276 


RECOLLECMONS  OF  AN  OLD  TIOXEER. 


it 


II.  Eddy,  another  member  of  the  party.  From  these 
four  persons  I  mainly  obtained  my  information  on  this 
melancholy  subject.  I  can  not  state  all  the  minute  cir- 
cunistances  and  incidents,  but  can  only  give  the  sub- 
stance as  I  remember  it  ;  for  I  write  from  memory 
alone. 

The  Donner  party  consisted  of  about  eighty  immi- 
grants, including  men,  women,  and  children.  They 
were  so  called  because  the  mea  who  bore  that  name 
were  the  leading  persons  of  the  party.  They  decided 
for  themselves  to  cross  the  Sierra  Nevada  by  a  new 
road.  L.  W.  Hastings,  then  residing  at  Sutter's  Fort, 
went  out  to  meet  the  incoming  immigration  of  that  fall, 
and  advised  the  Donner  party  not  to  attempt  to  open  a 
new  route  ;  but  his  adv'ce  was  disregarded.  He  re- 
turned to  the  fort  and  ..eported  the  fact  to  Captain 
Sutter,  who  sent  out  two  Indians,  with  five  mules  packed 
with  provisions,  to  meet  the  party. 

The  party  had  arrived  at  a  small  lake,  since  called 
Donner  Lake,  situated  a  short  distance  from  t 'le  present 
site  of  Truckee  City,  and  some  fifteen  miles  from  Lake 
Tahoe,  and  had  erected  two  log-cabins  upon  the  margin 
of  Donner  Lake,  when  the  Indians  arrived  with  the 
mules  and  provisions.  This  was  in  the  month  of  No- 
vember, 1840.  Up  to  this  time  there  had  been  several 
comparatively  light  falls  of  snow.  Foster  said  he  pro- 
posed to  slaughter  all  the  animals,  including  the  fat 
mules  sent  out  by  Captain  Sutter,  and  save  their  flesh 
for  food.  This  could  readily  have  been  done  then,  and 
the  people  could  have  subsisted  until  relieved  in  the 
spring.  But  the  immigrants  were  not  in  a  condition  to 
accept  or  reject  this  proposition  at  once.  They  were 
unacquainted  with  the  climate,  could  not  well  under- 
stand how  snow  could  fall  to  the  depth  of  twenty  or 


t 


im* 


THE  DONNER  PARTY. 


277 


thirty  feet,  and  were  so  much  worn  clown  by  the  tedium 
of  the  long  journey,  and  the  absence  of  fresh  meat  and 
vegetables,  that  they  were  not  prepared  to  decide  wisely 
or  to  act  promptly.  Besides,  the  idoa  of  living  upon 
the  flesh  of  mules  and  poor  cattle  was  i  ;.,turally  repug- 
nant to  them.  It  is  very  probable  thai  many  of  them 
considered  such  food  unhealthy,  i  d  thit,  crowucd  as 
they  were  into  two  cabins,  the  utse  of  such  poor  food 
^  light  produce  severe  sickness  among  t'.?ra,  and  many 
would  die  of  disease. 

While  they  were  discussing  and  considering  this 
proposition,  a  terrible  storm  came  up  one  evening,  and 
snow  fell  to  the  depth  of  about  six  feet  during  the 
night.  The  poor  animals  fled  before  the  driving  storm, 
and  all  perished  ;  and  next  morning  there  was  one  wide, 
desolate  waste  of  snow,  and  not  a  carcass  could  be  found. 
The  little  supply  of  provisions  they  had  on  hand,  includ- 
ing that  sent  by  Captain  Sutter,  they  saw  could  not  last 
them  long.  They  now  fully  comprehended  their  dread- 
ful situation.     It  was  a  terrible  struggle  for  existence. 

It  was  soon  decided  to  start  a  party  across  the  moun- 
tains, on  snow-shoes.  This  party  consisted  of  ten  men, 
including  the  two  Indians,  five  women,  and  a  boy  twelve 
years  old,  the  brother  of  Mrs.  Foster.  I  once  knew  the 
names  of  the  eight  white  men,  but  at  this  time  I  can 
only  remember  those  of  William  H.  Eddy  and  William 
Foster.     The  women  were  Mrs.  Foster,  Mrs.  McCutch- 

in,  Mrs.  ,  then   a  w'dow,  but  subsequently  Mrs. 

Nye,  Mrs.  Pile,  a  widow,  and  Miss  Mary ,  sister  of 

Mrs.  Foster,  and  subsequently  wife  of  Charles  Covil- 
laud,  one  of  the  original  proprietors  of  Marysville,  so 
named  for  her. 

This  little  party  left  the  cabins  on  snow-shoes,  with 
one  suit  of  clothes  each,  a  few  blankets,  one  axe,  one 


I 


ill 


M 


1 


Ji 


« 


M 


f 


278 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


rifle  with  ammunition,  and  a  small  supply  of  provisions. 
The  summit  of  the  mountain  where  they  crossed  it  was 
about  fifty  miles  wide,  and  was  covered  with  snow  to 
the  depth  of  ten  to  fifteen  feet ;  and  they  could  only 
travel  from  five  to  eight  miles  a  day.  On  the  summit, 
and  for  some  distance  beyond  it,  not  an  animal  could 
be  found,  as  the  wild  game  always  instinctively  fled  be- 
fore the  snows  of  winter  to  the  foot-hills,  where  the 
snows  are  lighter,  and  where  they  could  obtain  food 
and  escape  from  their  enemies  by  flight.  In  the  spring 
the  wild  grazing  animals  ascend  the  mountain  as  the 
snows  melt,  to  crop  the  fresh  grass  and  escape  the  flies. 
For  the  first  few  days  they  made  good  progress  ; 
but  while  they  were  comparatively  strong  they  could 
kill  no  game,  because  none  could  be  found,  and  their 
provisions  were  rapidly  consumed.  "When  they  had 
reached  the  w^estem  side  of  the  summit,  they  encamped, 
as  usual,  on  the  top  of  the  snow.  They  would  cut  logs 
of  green  wood  about  six  feet  long,  and  with  them  make 
a  platform  on  the  snow,  and  upon  this  make  their  fire 
of  dry  wood.  Such  a  foundation  would  generally  last 
as  long  as  was  necessary ;  but  on  this  occasion  it  was 
composed  of  small  logs,  as  the  poor  people  were  too 
weak  from  starvation  to  cut  and  handle  larger  ones  ; 
and  there  came  up  in  the  evening  a  driving,  blinding 
snow-storm,  which  lasted  all  that  night  and  the  next 
day  and  night.  New  snow  fell  to  the  depth  of  several 
feet.  They  maintained  a  good  fire  for  a  time,  to  keep 
themselves  from  freezing  ;  but  the  small  foundation- 
Htbgs  were  soon  burnt  nearly  through,  so  that  the  heat 
of  the  fire  melted  the  snow  beneath,  letting  tl\em  down 
gradually  toward  the  grou.id,  while  the  storm  above 
was  falling  thick  and  fast.  Toward  midnight  they 
found  themselves  in  a  circular  well  in  the  snow  about 


'T  H 


THE  DONNER  PARTY. 


279 


eight  feet  deep,  with  tlie  ice-cold  water  beginning  to 
rise  in  the  bottom.  After  the  foundation  was  gone, 
they  kept  alive  the  fire  by  setting  the  wood  on  end  and 
kindling  the  fire  on  the  top.  While  they  were  in  this 
condition,  one  of  the  Indians,  who  had  been  sitting  and 
nodding  next  the  snow-wall  until  he  was  almost  frozen, 
made  a  sudden  and  desperate  rush  for  the  fire,  upset- 
ting and  putting  it  out. 

Eddy  urged  them  to  quit  this  well  of  frozen  death, 
as  it  was  impossible  to  live  where  they  were,  with  their 
feet  in  ice-water.  They  all  climbed  out  of  the  well, 
spread  one  blanket  on  the  top  of  the  snow,  then  seated 
themselves  on  this  blanket,  back  to  back,  and  covered 
their  heads  with  the  others.  In  this  painful  position 
they  remained  the  rest  of  that  night,  all  the  next  day 
and  night,  and  until  some  time  after  sunrise  the  last 
morning.  During  this  time  four  or  five  of  their  num- 
ber perished,  one  of  whom  was  the  boy.  Mrs.  Foster 
spoke  of  this  young  hero  with  the  greatest  feeling. 
His  patience  and  resignation  were  of  the  martyr  type. 
When  they  were  reduced  to  half  a  biscuit  each,  he  in- 
sisted that  she  should  eat  his  portion  as  well  as  her 
own  ;  but  this  she  refused. 

From  this  scene  of  death  the  survivors  proceeded  on 
tlurir  melancholy  journey  down  the  western  side  of  the 
mountain.  That  evening,  after  they  had  encamped  and 
kindled  a  blazing  fire,  one  of  the  men,  who  had  borne 
th-?  day's  travel  well,  suddenly  fell  down  by  the  fire, 
where  he  was  warming  himself,  and  expired.  The  cold, 
br!j,cing  air  and  the  excitement  and  exercion  of  travel 
had  kept  him  alive  during  the  day  ;  but  when  he  be- 
came warm  his  vital  energies  ceased.  This  is  often  the 
case  under  like  circumstances.  I  have  understood  that 
deaths  occurred  in  this  manner  among  Fremont's  men, 


jiil 


w 


til 


3 


i  '•. 


111!' 

III' 

i  (  1  ■ 

1 .     t 

"1' 

M. 

, 


280 


RECOLLECTIONS   OF  AN  OLD  PIONEER. 


?  ih 


while  making  the  trip  from  Oregon  to  California  in  the 
winter  of  1843-'44.  At  this  camp  another  of  the  men 
sat  down  by  a  pine-tree,  leaned  himself  against  it,  and 
died; 

The  remainder  of  this  suffering  party  continued 
their  journey.  All  the  other  men  dropped  off  one  after 
another,  at  intervals,  except  Eddy  and  Foster.  When 
they  had  almost  reached  the  point  of  utter  despair, 
Eddy  saw  a  deer,  and  made  a  good  shot,  killing  the  ani- 
mal. This  supplied  them  with  food  for  a  few  days. 
After  it  was  consumed,  they  met  with  some  Indians, 
who  furnished  them  with  a  small  quantity  of  provi- 
sions. 

At  length  they  arrived  at  the  last  encampment,  and 
within  six  or  eight  miles  of  Johnson's  rancho,  on  the 
eastern  side  of  the  Sacramento  valley.  Next  morning 
Foster  was  unable  to  continue  the  journey,  and  refused 
to  make  another  effort  to  walk.  Eddy  was  the  stouter 
man  of  the  two,  and  he  proceeded  on  his  tottering 
course,  leaving  Foster  and  the  five  women  at  the  camp. 
It  was  all  Eddy  could  do  to  walk  ;  but,  most  fortunate- 
ly, he  soon  found  two  friendly  Indians,  who  kindly  led 
him  to  Johnson's  place,  Eddy  walking  between  them, 
with  one  hand  on  the  shoulder  of  each  Indian. 

They  arrived  at  Johnson's  house  in  the  afternoon. 
Johnson  was  then  a  bachelor,  but  he  had  a  man  and  his 
wife  living  with  him.  This  lady  was  an  admirable 
woman,  full  of  humanity,  and  possessed  of  excellent 
sense,  firmness,  and  patience.  She  knew  from  Eddy's 
condition  what  the  poor  sufferers  needed.  There  were 
also  several  families  of  late  immigrants  residing  tem- 
porarily in  that  vicinity.  About  ten  men  promptly  as- 
sembled, and  started  for  the  camp,  taking  with  them 
everything  that  was  necessary. 


, 


m 


m 


THE  DONNER  PARTY. 


281 


,, 


The  relief-men  were  piloted  by  the  two  humane  In- 
dians, and  reached  the  camp  a  little  after  dark.  Foster 
said  that,  when  they  heard  the  men  coming  through  the 
brush  toward  the  camp,  the  women  began  to  cry  most  pite- 
ously,  saying  they  were  enemies  coming  to  kill  them ; 
but  Foster  comforted  and  pacified  them  by  declaring 
that  the  men  coming  must  be  friends.  The  relief -men 
soon  came  up,  and  were  so  much  affected  by  the  woful 
spectacle  that  for  some  time  they  said  not  a  word,  but 
only  gazed  and  wept.  The  poor  creatures  before  them, 
hovering  around  that  small  camp-fire,  had  been  snowed 
on  and  rained  on,  had  been  lacerated,  starved,  and  worn 
doAvn,  until  tliey  were  but  breathing  skeletons.  The 
clothes  they  wore  were  nothing  but  filthy  rags,  and 
their  faces  had  not  been  washed  or  their  heads  combed 
for  a  month  ;  and  the  intellectual  expression  of  the 
human  countenance  had  almost  vanished.  No  case  of 
human  suffering  could  have  been  more  terrible.  No 
wonder  that  brave  and  hardy  men  wept  like  children. 

Of  all  the  physical  evils  that  waylay  and  beset  the 
thorny  path  of  human  life,  none  can  be  more  appalling 
than  starvation.  It  is  not  a  sudden  and  violent  assault 
upon  the  vital  powers,  that  instinctive  and  intellectual 
courage  may  successfully  resist  ;  but  it  is  an  inexorable 
undermining  and  slow  wasting  away  of  the  physical 
and  mental  energies,  inch  by  inch.  No  courage,  no  in- 
tellect, no  martyr-spirit  can  possibly  withstand  this  de- 
privation. When  there  is  an  entire  deprivation  of  food 
it  is  said  that  the  greatest  pangs  of  hunger  are  felt  on 
the  third  day.  After  that,  the  stomach,  being  entirely 
empty,  contracts  to  a  very  small  space,  and  ceases  to 
beg  for  food  ;  and  the  sufferer  dies  from  exhaustion, 
without  any  violent  pain.  But,  when  there  is  an  insuffi- 
cient supply  of  food,  the  severe  pangs  of  hunger  must 


•I 


if 

I  n 


2'^: 

m 


Kt  ■ 


I'M 


'Mil 


:  ('■ 


i'ril' ! 


282 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


be  prolonged,  and  the  aggregate  amount  of  suffering 
before  death  is  most  probably  increased. 

The  relief -party  did  everything  required  for  the  poor 
sufferers,  and  next  morning  carried  them  to  Johnson's 
house.  The  lady  in  charge  was  careful  to  give  them  at 
first  a  limited  quantity  of  food  at  a  time.  It  required 
all  her  firmness  and  patience  to  resist  their  passionate 
entreaties  for  more  food.  When  the  poor,  starved  crea- 
t  res  could  not  persuade  they  violently  abused  the  good 
iady  because  she  did  not  comply  with  their  demands. 
Eddy  said  that  he  himself  abused  her  in  harsh  terms. 
All  this  she  bore  with  the  kind  patience  of  a  good 
mother,  waiting  upon  a  sick  and  peevish  child. 

I  expressed  my  surprise  to  Eddy  and  Foster  that  all 
the  women  escaped,  while  eight  out  of  the  ten  men  per- 
ished, saying  that  I  supposed  it  was  owing  to  the  fact 
that  the  men,  especially  at  the  beginning  of  the  journey, 
had  performed  most  of  the  labor.  They  said  that,  at 
the  start,  the  men  may  have  performed  a  little  more 
labor  than  the  women  ;  but,  taken  altogether^  the  wo- 
men performed  more  than  the  men,  if  there  was  any 
difference.  After  the. men  had  become  too  weak  to 
carry  the  gun,  it  was  carried  by  the  women.  Women 
seem  to  be  more  hopeful  than  men  in  cases  of  extreme 
distress  ;  and  their  organization  seems  to  be  superior  to 
that  of  men.  A  mother  will  sit  up  with  and  wait  upon 
a  sick  child  much  longer  than  the  father  could  possibly 
do. 

The  Eddy  party  were  about  thirty  days  in  making 
the  trip.  Other  parties  afterward  left  the  cabins,  and 
made  their  way  into  the  settlement,  after  losing  a  con- 
siderable portion  of  their  number  on  the  way.  Many 
died  at  the  cabins  from  starvation.  Forty-four  of  the 
Donner  party  escaped,  and  thirty-six  perished. 


■■ 


.1  i' 


A  LONELY  GRAVE. 


283 


.. 


A  LONELY  GKAVE — DEATH  OF    DAVID  EAT — JOHN  C. 

MC  PHERSON. 

The  first  Sunday  after  my  arrival  in  the  mines,  I  was 
strolling  on  the  side  of  the  hill  back  of  the  camp,  among 
the  lonely  pines,  when  I  came  suddenly  upon  a  newly- 
made  grave.  At  its  head  there  was  a  rude  wooden  cross, 
and  from  this  symbol  of  Christianity  I  knew  it  was  the 
grave  of  a  Catholic.  I  never  learned  anything  of  the 
history  of  the  deceased.  He  was,  most  probably,  some 
obscure  and  humble  person.  He  had  died  and  was 
buried  before  my  arrival. 

"  But  the  sound  of  the  church-going  bell 
These  valleys  and  rocks  never  heard ; 
Or  sighed  at  the  sound  of  a  knell, 
•  !  Or  smiled  when  a  Sabbath  appeared." 

Another  death  occurred  in  camp,  and  while  I  was 
there.  It  was  that  of  David  Ray.  He  was  about  thir- 
ty-five years  of  age,  and  his  wife  about  thirty.  They 
had  five  children,  the  eldest  a  daughter  about  twelve. 
They  startdx  from  the  State  of  Indiana  in  the  spring  of 
1848,  intending  to  locate  in  some  one  of  the  agricultural 
valleys  of  California,  not  then  knowing  that  gold  had 
been  discovered.  But  when  they  arrived  they  deter- 
mined to  stop  in  the  mines  for  a  time,  and  thus  came  to 
Long's  Bar,  on  the  Yuba  River. 

Mr.  Ray's  business  partner,  Mr.  Wright,  was  about 
the  same  age,  unmarried,  and  sober,  honest,  industrious, 
and  generous.  lie  assisted  Ray  to  build  the  only  log- 
cabin  in  the  camp,  for  his  wife  and  children,  without 
charge.  Thw  house  was  a  rude  structure  of  one  room, 
about  sixteen  feet  square,  with  a  clapboard  roof,  wooden 


i'<i 


HI. 


I  ri 


i- 


ill. 


:1- 


'lif 

"'it 


li'f 


284 


RECOLLECTIONS  OF  AN  OLD   PIONEER. 


il 


1  -r 


[^ 


I    ' 


tf- 


chimney,  and  dirt  floor.  Yet  it  was  the  palace  of  the 
camp,  and  was  the  only  place  where  one  could  enjoy  a 
cheerful  fire  without  being  annoyed  by  the  smoke.  At 
all  the  tents  and  cloth  shanties  we  had  to  make  our  fires 
in  the  open  air. 

About  two  weeks  after  my  arrival  Mr.  Ray  was  at- 
tacked with  fever,  and  died  within  a  week.  Neither  he 
nor  his  widow  had  any  relatives  in  California,  and  all 
the  people  of  the  camp  were  late  acquaintances  except 
mr.  Wright.  Our  tent  was  near  Mr.  Ray's  house,  and 
we  soon  became  acquainted.  He  and  his  wife  were  de- 
voted Methodists.  She  was  a  small,  delicate  woman, 
with  a  sweet  musical  voice  and  an  eloquent  tongue. 

"We  buried  him  among  the  stately  pines,  in  the  open 
woods,  where  the  winds  might  murmur  a  solemn  and 
lonely  requiem  to  his  memory.  All  the  people  of  the 
camp  left  their  work  and  attended  the  burial ;  and  I 
never  witnessed  a  more  sorrowful  scene.  There  were 
no  tearless  eyes  in  that  assemblage.  No  clergyman  was 
present  ;  but  at  the  lonely  grave  of  her  husband  Mrs. 
Ray  made  an  impromptu  address,  which  affected  me  so 
much  that  I  soon  wrote  out  its  substance,  preserving 
her  own  expressions  so  far  as  I  could  remember  them. 
The  following  is  a  copy  of  what  I  then  wrote  : 

O  David!  thon  art  cold  and  lifeless.  Little  dost  thou  know 
the  sorrows  thy  poor  and  friendless  and  sickly  wife  norv  suffers. 
Thou  art  gone  from  me  and  from  our  children  for  ever.  Thon 
wert  ever  kind  to  me ;  you  loved  me  from  my  girlhood.  O 
friends  I  ho  was  a  man  without  reproach,  beloved  by  all  who 
knew  bim.  lie  was  a  just  man,  honest  in  all  his  dealings.  Re 
did  unto  others  as  he  wished  they  should  do  unto  him.  He 
defrauded  no  one.  lie  was  a  pious  and  steady  man ;  a  profane 
oath  had  never  escaped  his  lips  oven  from  a  boy ;  ho  was 
never  found  at  the  grog-shop  or  the  gambling-table.      IIo   it 


4  t 


I  ' 


t 


JOHN  C.  McPHERSOX. 


285 


was  who  lifted  the  prayerful  hands.  His  creed  was  peace.  He 
died  in  his  right  mind,  with  a  conscience  void  of  reproach,  and 
committed  his  children  to  my  charge.  The  only  thing  that 
wounded  his  conscience  was  the  reflection  that,  on  the  road 
from  Indiana  to  this  country,  he  was  compelled  to  do  things 
that  grieved  his  righteous  soul — he  was  compelled  to  labor  on 
the  Sabbath  day.  But  he  is  gone  to  a  better  world,  where  his 
weary  spirit  will  be  at  rest.  Oh!  if  lie  had  only  died  in  a 
Christian  land  !  but  the  thought  of  his  being  buried  in  this  lone- 
some and  wicked  place!  He  has  left  me  alone  in  a  land  of 
strangers,  a  poor,  sickly,  weakly  woman.  Who  shall  now  read 
to  me  from  the  Bible,  and  wait  upon  me  in  my  sickness?  For 
months  and  years  he  waited  upon  his  sickly  wife,  without  a 
murmur.  Ho  was  ever  a  tender  husband  to  me,  but  he  has  gone 
and  left  me.  Who  is  there  here  to  sympathize  with  me?  Ah 
me,  what  shall  I  do  ? 

While  in  the  mines  I  became  acquainted  with  John 
C.  McPherson,  a  young,  genial  spirit  from  old  Scotland. 
He  was  a  generous  soul,  and  cared  little  for  wealth.  On 
Christmas  eve  he  composed  a  very  pretty  song,  begin- 
ning "Yuba,  dear  Yuba."  He  has  since  written  many 
poetical  pieces,  and  many  prose  communications  for  the 
newspapers.  One  thing  can  be  said  of  gonial,  kindly 
Mf  Pherson,  that  there  is  not  a  particle  of  malice  in  his 
composition.  No  one  ever  thought  of  suing  him  for 
libel,  for  he  never  wrote  a  harsh  word  of  any  one,  living 
or  dead.  No  one  then  in  the  mines  except  McPherson 
had  poetic  fire  enough  in  his  soul  to  write  a  song.  We 
spent  many  pleasant  evenings  together,  around  the 
camp-fire,  at  Long's  Bar. 


'1! 


W 


r'i 


'M 


Ml 


mi 

ill 


iH.' 


till 


'4. 

1 


CHAPTER  VII. 

LEAVE  THE  MINES — ARRIVE  AT  SUTTEr's  FORT — BECOME 
THE  AGENT  OF  JOHN  A.  SUTTER,  JR. — CAPTAIN  JOHN 
A.  SUTTER — DISCOVERY  OF  GOLD. 


M 


'li 


I  REMAINED  in  the  mines  until  December  19,  1848. 
In  the  mean  time  I  had  sold  my  wagons  and  teams,  and, 
altogether,  had  accumulated  means  enough  to  defray  my 
expenses  for  six  months.  I  knew  that  there  must  be 
business  in  my  profession,  and  I  found  it  would  take  rile 
many  long  years  to  make  enough  in  the  mines  to  pay 
my  debts.  I  therefore  decided  to  quit  the  mines,  and 
started  with  the  intent  to  come  to  San  Francisco  ;  but, 
upon  my  arrival  at  Sutter's  Fort,  I  determined  to  stop 
there. 

Six  of  us  left  the  camp  at  noon  in  an  empty,  un- 
covered wagon,  drawn  by  oxen.  It  was  a  beautiful  day, 
and  that  evening  we  drove  to  Johnson's  ranch,  which 
was  about  forty  miles  from  the  Fort.  Next  morning 
the  oxen  were  missing,  and  were  not  found  until  about 
two  hours  before  sunset.  We  at  once  set  forward  for 
Sutter's  Fort.  The  wind  commenced  blowing  hard 
from  the  south,  and  rain  began  to  fall  briskly  about 
dark.  About  midnight  the  wind  suddenly  changed  to 
the  north,  blowing  quite  hard  and  cold,  and  snow  fell  to 
the  depth  of  about  three  inches.     We  had  determined 


„ 


ARRIVE  AT  SUTTER'S  FORT. 


287 


1^ 


not  to  stop  until  we  reached  the  Fort.  Each  of  us  took 
his  turn  at  driving  the  team  ;  and  we  thus  reached  the 
Fort  about  10  o'clock  a.  m.,  December  21.  Our  journey 
was  a  most  uncomfortable  one,  as  we  could  neither  keep 
ourselves  warm  nor  sleep.  We  had  traveled  forty  miles 
from  Johnson's  place  without  food,  sleep,  or  rest. 

I  found  a  number  of  old  friends  at  the  Fort  ;  and 
among  them  were  Major  Samuel  J.  Hensley,  Major  P.  B. 
Reading,  and  Dr.  William  M.  Carpenter.  Dr.  Carpen- 
ter had  rented  a  small  room  in  the  Fort,  and  I  proposed 
that  we  should  keep  our  offices  together,  each  paying  half 
the  rent  and  other  expenses.  As  our  professions  did 
not  clash,  he  readily  assented  to  this,  and  we  slept  in 
the  same  rude  bed,  made  by  himself.  We  boarded  at  the 
hotel ;  and  in  the  morning  I  cut  the  wood  and  made  the 
fire,  while  the  doctor  swept  out  the  office  and  made  up 
the  bed.  The  doctor  made  about  six  hundred  dollars  a 
week  by  his  practice  and  f^om  the  sale  of  medicines. 
He  charged  sixteen  dollars  for  each  dose  or  vial  of 
medicine,  or  box  of  pills. 

I  had  only  been  at  the  Fort  a  few  days  when  John 
A.  Sutter,  Jr.,  in  whose  name  the  Sutter  grant  of  eleven 
leagues  then  stood,  proposed  to  employ  roe  as  his  attor- 
ney and  agent.  The  terms  agreed  upon  between  us 
were  such  as  his  mercantile  partner,  Major  Hensley, 
thought  fair  and  just.  I  was  to  attend  to  all  of  his  law 
business  of  every  kind,  sell  the  lots  in  Sacramento  City, 
and  collect  the  purchase  money  ;  and  for  these  services 
I  was  to  receive  one  fourth  of  the  gross  proceeds  arising 
from  the  sale  of  city  lots.  There  was  a  heavy  amount 
of  old  business  to  settle  up  ;  and,  while  the  labor  was 
certain,  the  compensation  was  speculative,  none  of  us 
then  knowing  whether  the  city  would  be  at  Sacramento 
or  at  Sntterville,  a  rival  place  about  three  miles  below. 


ii'i 
•11 


«'i 


m 


i', 


1 


111' 


m 


i 


288 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


P 


The  city  had  been  partially  surveyed  and  mapped 
out  by  Captain  William  H.  Warner,  an  army  officer,  who 
afterward  completed  the  surveys  and  maps.  Captain 
John  A.  Sutter,  the  original  grantee,  had  conveyed  his 
property,  real  and  personal,  to  his  son  John  A.  Sutter, 
Jr.,  in  the  month  of  October,  1848.  This  was  done 
to  prevent  one  creditor,  who  threatened  to  attach  the 
property,  from  sacrificing  the  estate,  to  the  injury  of 
the  other  creditors  and  the  useless  ruin  of  Captain  Sutter 
and  his  family.  There  was  no  design  to  defraud  the 
creditors  ;  but,  on  the  contrary,  time  proved  that  the 
course  pursued  was  the  wisest  and  most  just,  under  the 
circumstances,  toward  all  the  creditors.  John  A.  Sutter, 
Jr.,  informed  me  at  once  that  he  was  bound,  under  the 
agreement  with  his  father,  to  pay  all  his  just  debts  at 
the  earliest  practicable  period.  I  saw  both  the  justice 
and  expediency  of  this  arrangement,  and  set  myself  to 
work  with  energy  to  accomplish  the  end  intended.  By 
the  middle  of  August,  1849,  the  last  debt  that  ever  came 
to  my  knowledge  had  been  paid. 

The  history  of  the  settlement  of  Captain  John  A. 
Sutter  in  the  Sacramento  valley  is  so  well  known  that  I 
shall  not  enter  into  the  subject  at  large  ;  but,  in  justice 
to  that  old  pioneer,  who  did  so  much  for  California, 
I  will  state  some  facts  that  have  not  perhaps  been  fully 
given  by  others.  He  has  lately,  I  am  informed,  made 
and  published  a  statement  himself,  which  I  have  not 
seen.  What  I  state  is  solely  from  memory  ;  and,  should 
there  be  any  conflict  in  our  recollections,  I  must  yield  to 
his  superior  knowledge. 

Captain  Sutter  came  to  California  from  Missouri 
(where  he  resided  for  a  time)  with  little  capital.  He 
procured  the  grant  of  his  eleven  leagues  of  land  from 
the  Mexican  authorities,  Avent  to  the  Sandwich  Islands, 


CAPTAIN  JOHN  A.   SUTTER. 


289 


,. 


and  there  purchased  a  small  vessel  and  an  outfit  from 
Mr.  William  French  on  credit.  With  this  craft  and 
outfit  he  returned,  and  commenced  his  improvements. 
He  soon  purchased  of  Don  Antonio  Sunol,  of  San  Jose, 
a  band  of  California  cattle  on  time.  These  two  pur- 
chases together  amounted  to  some  six  thousand  dollars. 
Later  he  purchased  the  Bodega  property  on  credit. 
Though  he  employed  Indian  labor  at  a  low  rate,  yet  his 
improvements  cost  him  a  large  sum  in  the  aggregate  ; 
and  this  heavy  expenditure  of  capital  and  labor  was 
made  long  before  he  could  realize  any  returns.  He 
commenced  his  improvements  in  the  wilderness,  and 
among  wild  Indians,  against  whose  apprehended  attacks 
he  had  to  r  ike  costly  defensive  preparations.  The  ex- 
penditure was  certain,  and  necessarily  made  at  the  be- 
ginning, while  the  income  was  uncertain  and  late. 

About  the  time  the  veteran  pioneer  had  his  rancho 
well  stocked  with  domestic  animals,  and  his  farm  fairly 
under  Avay,  and,  before  he  could  have  possibly  paid  his 
debts,  the  immigrants  began  to  arrive  across  the  plains 
at  his  establishment.  They  came  in  weary,  hungry,  and 
poor.  He  had  all  the  supplies,  and  they  had  all  the 
wants  and  no  money.  He  was  only  one,  ai  1  they  were 
many.  They  out-talked  and  out-voted  him.  He  could 
not  see  them  starve.  This  no  pioneer  could  stand,  and 
especially  a  man  of  his  generous  nature.  He  was  com- 
pelled, from  the  very  nature  of  the  circumstances  and 
the  extreme  necessities  of  the  case,  to  supply  their 
Avants,  and  take  in  exchange  their  old  wagons  and 
broken-down  teams,  for  which  he  had  no  profitable  r 
and  which  he  could  not  convert  into  money.  Being 
the  father  of  the  settlements  in  the  Sacramento  valley, 
he  was  also  obliged  to  furnish  the  other  settlers  with 
supplies.    Then  all  the  traveling-parties  passing  through 


4\ 

m 


'<! 


,i' 


I' 


!  n  .1 


si!*-'! 


I  '': 


iM 


Ml 


290 


RECOLLECTIONS  OF  AN  OLD  TIONERR. 


m!^ 


that  part  of  California  would  call  on  hira  for  more  or 
less  assistance.  There  was  almost  an  entire  failure  of 
crops  one  year.  All  things  considered,  he  had  a  heavy 
burden  to  carry. 

It  is  not  at  all  surprising  that  he  could  not  save  up 
money  enough  to  pay  his  debts  until  after  the  discovery 
of  the  gold-mines.  I  am  somewhat  of  a  pioneer  and 
business  man  myself,  and  I  hesitate  not  to  give  it  as 
my  decided  opinion  that  no  man  could,  under  the  exact 
circumstances  in  which  Captain  Sutter  was  placf  ,  have 
paid  those  debts  before  the  discovery  of  gold. 

There  were  very  few  people  then  in  the  country, 
nearly  all  of  whom  were  of  one  class  and  very  poor,  en- 
gaged in  the  same  pursuits  and  exposed  to  a  common 
danger,  and,  consequently,  their  friendships  became  so 
warm  and  devoted  that  one  could  not  refuse  to  help  an- 
other when  in  need.  Property  was  almost  held  in  com- 
mon. How  could  any  pioneer  refuse  to  aid  a  poor  com- 
rade who  would  fight  and  die  for  him  when  occasion 
required  ?  The  circumstances  of  a  new  country  are  so 
diiOferent  from  those  of  an  old  one  that  a  different  law 
of  sooial  life  must  prevail.  A  pioneer  that  refused  to 
assist  others  liberally  in  the  settlement  of  a  new  coun- 
try V  uld  be  as  isolated  as  Mitchell  Gilliam  in  Oregon, 
with  is  tavern-sign  hung  up  before  his  door,  as  related 
in  a  J  evious  chapter.  Men  are  men,  and  they  can  uot 
resist  .ppeals  to  their  kindness  under  such  circumstances. 
Thip  s  the  reason  why  so  few  pioneers  ever  become  rich, 
and  remain  so. 

Besides,  Captain  Sutter  had  a  nobler  object  in  view 
than  the  mere  accumulation  of  a  fortune  for  himself. 
His  pui-pose  was  to  colonize  the  great  valley  of  the  Sac- 
ramento. At  the  time  gold  was  discovered,  he  had 
around  him  and  in  his  immediate  vicinity  a  number  of 


!  I 


of 


DISCOVERY  OF  GOLD. 


291 


colonists.  He  had  established  various  industries,  such 
as  tanning,  spinning  and  weaving,  and  cultivating  a 
farm,  and  was  engaged  in  the  erection  of  a  saw-mill. 
When  I  took  charge  of  the  business,  I  found,  stowed 
away  in  a  small  room  in  the  Fort,  two  or  three  looms, 
with  the  webs  only  partly  woven,  and  several  spinning- 
wheels,  with  the  spools  on  the  spindles  partly  filled,  and 
the  wool-rolls  on  the  heads  of  the  wheels  unspun.  I 
also  found  the  tan-yard  on  the  bank  of  the  American 
Fork  in  *•  ^ins,  the  half -tanned  hides  having  spoiled  for 
want  of  attention.  I  did  not  see  the  saw-mill  until 
October,  1849,  and  it  evidently  had  never  been  finished. 
The  discovery  of  gold  in  California  is  due  to  Captain 
Sutter.  I  obtained  my  information  on  this  subject  from 
Mr.  Marshall,  the  actual  discoverer,  who  at  the  date  of 
the  discovery  was  in  the  employ  of  Captain  Sutter. 
The  latter  was  engaged  in  erecting  a  saw-mill,  to  be 
propelled  by  water-power,  at  Coloma,  on  the  South 
Fork  of  the  American  River  some  forty  miles  from  Sut- 
ter's Fort.  At  the  site  selected  the  river  makes  a  con- 
siderable bend,  forming  a  peninsula  from  two  to  three 
hundred  yards  wide  at  the  point  where  the  ditch  and 
tail-race  were  cut  across  it.  From  the  river  above  they 
cut  a  ditch  about  a  hundred  and  fifty  yards  in  length, 
and  thero  put  up  the  frame  of  the  mill,  and  put  in  the 
flood-gate  to  let  the  water  upon  the  wheel.  It  became 
necessary  to  construct  what  is  railed  a  tail-race,  to  en- 
able the  water  to  escape  freely  from  the  mill  to  the 
river  below.  The  ground  through  which  the  ditch  and 
tail-race  were  cut  had  a  descent  of  about  a  hundred  and 
fifty  feet  to  the  mile  ;  and  the  formation  was  composed 
of  a  stratum  of  sand  on  the  surface  about  two  feet  deep^ 
and  beneath  this  was  a  stratum  of  clay.  Intermixed 
with  these  strata  of  sand  and  clay  were  found  rocks  of 


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292 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


U, 


^^ 


various  shapes  and  sizes,  from  tliat  of  a  mail's  hat  to 
that  of  a  flour-barrel.  , 

The  plan  adopted  by  Marshall,  the  superintendent, 
was  to  pry  up  the  stones  in  the  line  of  the  tail-race  with 
crowbars,  and  put  them  aside  during  the  day ;  and  in 
the  evening  to  raise  the  flood-gate,  and  let  the  water 
run  down  the  taii-race  all  night.  This  would  wash 
away  the  loose  clay  and  sand,  but  would  not  remove 
the  rocks.  In  the  morning  the  water  was  shut  off,  and 
the  men  again  went  to  work,  putting  aside  the  stones  in 
the  bed  of  the  tail-race.  After  two  or  three  days  all 
the  sand  had  disappeared,  and  the  water  had  washed 
down  to  the  stratum  of  clay,  upon  and  in  which  the 
gold  rested.  Marshall,  one  morning  after  the  water 
had  been  shut  off,  was  walking  along  down  the  bank  of 
the  tail-race,  when  he  discovered  several  pieces  of  some 
very  bright  metal  in  a  little  pool  of  w  ater  in  the  bot- 
tom of  the  race.  It  occurred  to  him  at  once  that  it 
might  be  gold  ;  and  upon  gathering  it  up  he  was  satis- 
fied, from  its  appearance  and  weight,  that  it  was  gold. 
Tliis  occurred  on  the  19th  of  January,  1848. 

Thus,  this  great  discovery  was  owing  to  the  act  of 
Captain  Sutter.  But  for  that,  the  gold  might  have  re- 
mained undiscovered  for  a  century  to  come.  No  one 
can  tell.  We  only  know  the  fact  that  ho  was  the  cause 
of  the  discovery. 

The  discovery  of  gold  at  once  so  excited  the  people 
that  they  promptly  left  everything  for  the  mines,  and 
no  other  industry  but  mining  was  thought  of  for  a  time. 
The  spectacle  of  such  a  sudden  destruction  of  property 
and  change  of  pursuit  was  enough  to  cause  much  pain 
to  the  old  pioneer.  Though  made  rich  by  the  change, 
he  often  spoke  of  it  with  much  feeling,  as  I  was  in- 
formed upon  good  authority. 


!      ■'' 


i 

111' ' '  Ail 


SEL1.ING  LOTS  IN  SACRAMENTO. 


293 


In  his  treatment  of  tlie  Indians,  Captain  Sutter  was 
humane,  firm,  and  just.  I  remember  well  that,  in  the 
winter  of  1848-'49,  the  Indians  would  often  call  at  the 
Fort,  and  anxiously  inquire  for  him,  to  protect  them 
from  wrong.  They  evidently  had  the  greatest  confi- 
dence in  his  justice.  He  had  been  their  friend  and  pro- 
tector for  years  ;  but  his  power  was  then  gone. 

SELLING    LOTS     IX    .^ACRAMENTO jSTECESSITT     OP     SOME 

GOVERNMENTAL  ORGANIZATION — rUBLIC  MEETING  AT 
SACRAMENTO    CITY. 

When  I  began  to  sell  lots  in  Sacramento  City  for 
John  A.  Sutter,  Jr.,  early  in  January,  1849,  all  the  busi- 
ness was  done  at  the  Fort,  situated  about  a  mile  and  a 
half  from  the  river.  There  were  then  only  two  houses 
near  the  emharcadero,  as  the  boat-landing  was  then 
called.  One  was  a  rude  log-cabin,  in  which  a  drinking 
saloon  was  kept ;  and  the  other,  also  a  log-cabin,  was 
occupied  by  an  excellent  old  man  named  Stewart  and 
his  family.  Nearly  all  the  first  sales  were  of  lots  near 
the  Fort ;  but  toward  the  end  of  January  the  lots  near 
the  river  bc-gan  to  sell  most  rapidly.  The  prices  for 
lots  in  the  same  locality  were  fixed  and  uniform  ;  and  I 
made  it  '>.n  inflexible  rule  not  to  lower  the  prices  for 
speculators,  thus  preventing  a  monopoly  of  the  lots. 
I  discouraged  the  purchase  of  more  than  four  lots  by 
any  one  person.  I  said  to  those  who  applied  for  lots  : 
"  You  can  well  afford  to  buy  four  lots,  and  can  stand 
the  loss  without  material  injury  if  the  city  should  fail ; 
but,  if  it  should  succeed,  you  will  make  enough  profit 
on  this  number."  This  moderate  and  sensible  advice 
satisfied  the  purchasers,  and  built  up  the  city.  The 
terms  were  j)art  cash  and  part  on  time,  the  purchaser 


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291 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


mi  :^. 


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giving  his  note  for  the  deferred  payment,  and  receiving 
a  bond  for  a  warranty  deed  when  the  note  should  be 
paid. 

I  had  been  at  the  Fort  only  a  few  days  when  the 
question  arose  as  to  some  governmental  organization. 
The  great  majority  of  the  people  then  in  California 
were  within  the  district  of  Sacramento.  Business  was 
remarkably  brisk,  and  continually  increasing.  Lots 
were  selling  rapidly,  and  who  should  take  the  acknowl- 
edgments and  record  the  deeds  ?  The  war  between 
the  United  States  and  Mexico  had  terminated  by  a  ces- 
sion of  California  to  our  country  ;  and  we  were  satisfied 
that  the  military  government,  existing  during  and  in 
consequence  of  the  war,  had  ceased.  We  knew  nothing 
of  the  laws  of  Mexico,  and  had  no  means  of  learning. 
They  were  found  in  a  language  we  did  not  understand, 
and  we  had  no  translations,  and  for  some  time  could 
have  none.  In  the  mean  time  business  must  go  on. 
We  were  of  the  opinion  that  we  had  the  right  to  estab- 
lish a  de  facto  government,  to  continue  until  superseded 
by  some  legitimate  organization.  This  de  facto  govern- 
ment would  essentially  rest  upon  the  same  basis  as  the 
provisional  government  of  Oregon. 

We  accordingly  held  a  public  meeting  at  Sacramento 
City  early  in  January,  1849,  at  which  we  elected  Henry 
A.  Schoolcraft  as  First  Magistrate  and  Recorder  for 
the  District  of  Sacramento.  Our  rules  were  few  and 
simple,  and  were  merely  designed  to  enable  the  people 
to  go  on  with  their  necessary  business  for  the  time. 
This  action  was  sanctioned  by  the  people  of  the  district. 

But  this  anomalous  and  embarrassing  position  gave 
rise  to  efforts  for  instituting  some  regular  organization 
for  all  California.  For  this  purpose  meetings  were  held 
in  several  places,  and  delegates  elected  to  attend  a  con- 


NECESSITY  OF  GOVERNMENTAL  ORGANIZATION.     295 

ventiou  to  frame  a  provisional  government.  The  first 
meeting  was  held  at  San  Jose,  December  11,  1848  ;  the 
second  at  San  Francisco,  December  21,  1848  ;  and  the 
third  at  Sacramento  City,  January  6  and  8,  1849.  The 
history  of  these  efforts,  resulting  at  last  in  the  forma- 
tion of  the  State  government,  may  be  mainly  found  in 
the  "  Weekly  Alta  California  "  for  the  year  1849.  There 
is  but  one  complete  file  in  existence,  the  others  having 
been  destroyed  by  the  several  fires  in  San  Francisco. 
The  paper  was  then  published  by  Edward  Gilbert,  Ed- 
ward Keemble,  and  George  C.  Hubbard.  The  file  now 
in  existence  is  to  be  found  in  the  State  Library  at  Sac- 
ramento. 

"  The  recent  lai-ge  and  unanimous  meetings  in  the 
Pueblo  de  San  Jose  and  in  this  town,  in  favor  of  imme- 
diate action  for  the  establishment  of  a  provisional  gov- 
ernment, arc  believed  to  be  a  fair  index  of  the  feeling 
of  the  community  throughout  the  Territory.  That  some 
steps  should  be  taken  to  provide  a  government  for  the 
country,  in  the  event  that  the  United  States  Congress 
fail  to  do  so  at  the  present  session,  is  obvious  ;  and  that 
the  plan  proposed  by  the  resolutions  of  the  San  Fran- 
cisco meeting  is  the  most  proper  and  feasible,  we  think 
beyond  a  doubt."    (Editorial,  "  Alta,"  January  4,  1849.) 

It  will  be  seen  that  San  Francisco  was  then  called  a 
"  town." 

Colonel  Thomas  H.  Benton  addressed  a  letter  to  the 
people  of  California,  under  date  of  August  27,  1848, 
from  which  I  take  the  following  extracts,  as  found  in 
the  "  Alta  "  of  January  11,  1849  : 

The  treaty  with  Mexico  makes  you  citizens  of  the  United 
States.  Congress  has  not  yet  passed  the  laws  to  give  you  the 
blessings  of  our  government,  and  it  may  bo  some  time  before 
it  does  so.    lu  the  mean  time,  while  your  condition  is  anoina- 


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296 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


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lous  and  critical,  it  o.alh  for  the  exorcise  of  the  soundest  dis- 
cretion and  the  most  exalted  patriotism  on  your  part.  The 
temporary  civil  and  military  government  established  over  you 
as  a  right  of  war  is  at  an  end.  .  .  . 

Having  no  lawful  government,  nor  lawful  officers,  you  can 
have  none  except  by  your  own  act ;  you  can  have  none  that 
can  have  authority  over  you  except  by  your  own  consent. 

The  proceedings  of  the  meeting  at  Sacramento  City 
are  found  in  the  "  Alta"  of  January  25,  1849  : 

Provisional  Government — Meeting  at  Sacramento  City. 

At  a  meeting  held  at  Sacramento  City,  on  the  6th  day  of 
January,  1849,  to  take  into  consideration  the  necessity  and  pro- 
priety of  organizing  a  Provisional  Government  for  the  Territory 
of  California,  Peter  H.  Burnett  was  chosen  President ;  Frank 
Bates  and  M.  D.  Winship,  Vice-Presidents ;  and  Jeremiah  Sher- 
wood and  George  McKinstry,  Secretaries. 

On  motion,  a  committee  of  five  was  appointed  by  the  Presi- 
dent to  draw  up  a  preamble  and  resolutions  expressive  of  the 
sense  of  this  meeting.  The  committee  was  composed  of  Samuel 
Brannan,  John  S.  Fowler,  John  Sinclair,  P.  B.  Reading,  and 
Barton  Lee.  The  committee,  having  retired  a  few  moments, 
returned,  and  asked  for  further  time  to  report ;  whereupon,  on 
motion,  the  meeting  adjourned  to  meet  again  on  Monday  even- 
ing next. 

Monday,  January  8,  1849. 

The  meeting  again  assembled  pursuant  to  adjournment.  The 
Secretaries  being  absent,  on  motion,  Robert  Gordon  was  re- 
(jucsted  to  act  as  Secretary.  Tlie  committee  appointed  at  the 
last  meeting  for  that  purpose  made  its  report,  which,  after  un- 
dergoing a  few  slight  amendments,  was  adopted,  as  follows : 

"  Whereas^  The  Territory  of  California  having  by  a  treaty 
of  peace  been  ceded  to  the  United  States ;  and  the  recommenda- 
tion of  the  President  to  Congress  to  extend  the  laws  of  the 
United  States  over  this  Territory  has  not  been  acted  upon  by 
thfit  body,  and  the  citizens  of  this  Territory  are  thus  loft  with- 
out any  laws  for  the  protection  of  their  lives  and  property  ; 


1 1 


PUBLIC  MEETING  AT  SACRAMENTO  CITY. 


297 


'■'■  Aiid  whereas,  The  frequency  and  impunity  with  which 
robberies  and  murders  have  of  late  been  committed  have  deeply 
impressed  us  with  tho  necessity  of  having  some  regular  form  of 
government,  with  laws  and  officers  to  enforce  the  observance 
of  those  laws ; 

'■'■And  ichereas,  The  discovery  of  large  quantities  of  gold  has 
attracted,  and  in  all  probability  will  continue  to  attract,  an  im- 
mense immigration  from  all  parts  of  the  world,  as  well  as  from 
the  United  States,  thus  adding  to  the  present  state  of  confusion, 
and  presenting  temptation  to  crime ; 

"  Therefore — trusting  in  the  sanction  of  the  government  and 
people  of  the  United  States  for  the  course  to  which  by  the 
force  of  circumstances  we  are  now  impelled,  for  our  own  and 
for  the  safety  of  those  now  coming  to  our  shores — 

"^  liesolvcd,  That  in  the  opinion  of  this  meeting  it  is  not  only 
proper,  but  the  present  precarious  state  of  affairs  renders  it  very 
necessary,  that  the  inhabitants  of  California  shor.ld  form  a  Pro- 
visional Government  to  enact  laws  and  appoint  officers  for  the 
administration  of  the  same,  until  such  time  as  Congress  see  fit 
to  extend  the  laws  of  the  United  States  over  this  Territory. 

'■'■  Resolved,  That  while,  as  citizens  of  California,  we  deeply 
lament  the,  to  us,  unaccountable  inactivity  toward  us  by  the 
Federal  Congress,  as  manifested  in  their  neglect  of  this  Terii- 
tory,  yet,  as  citizens  of  that  great  and  glorious  Republic,  we  shall 
in  confidence  wait  for,  and  when  received  shall  joyfully  hail,  the 
welcome  intelligence  that  a  proper  territorinl  government  has 
been  formed  by  the  Congress  of  the  United  States  for  the  Ter- 
ritory of  California. 

"  Resolved,  That  we  fully  concur  in  opinion  with  the  meet- 
ings held  at  San  JosS  and  San  Francisco  in  favor  of  establishing 
a  Provisional  Govornmont,  and  that  we  recommend  to  the  in- 
habitants of  California  to  hold  meetings  and  elect  delegates  to 
represent  them  in  the  convention  to  be  assembled  at  San  Jos6 
on  Monday,  5th  March,  1849,  at  "10  A.  m.,  for  the  purpose  of 
drafting  and  preparing  a  form  of  government  to  be  submitted 
to  the  people  for  their  sanction. 

'■^Resolved,  That  an  election  bo  held  by  the  people  of  this 
district,  in  this  room,  at  10  a.  m.  on  Monday  next,  by  ballot,  for 


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298 


RECOLLECTIOXS  OF  AN  OLD  PIONEER. 


five  delegates  to  represent  this  district  in  the  proposed  con- 
vention. 

*^£e8olved,  That  the  President  appoint  a  Corresponding 
Committee  of  three  persons  to  communicate  with  the  other  dis- 
tricts, and  otherwise  further  the  object  of  this  meeting. 

*'  Resolved,  That  Messrs.  Frank  Bates,  Barton  Lee,  and  Albert 
Priest  be  a  committee  of  three  to  act  as  judges  of  the  election 
of  delegates." 

The  report  was  unanimously  adopted. 

On  motion  of  Samuel  Brannan,  a  resolution  was  offered  that 
our  delegates  be  instructed  to  oppose  slavery  in  '^very  shape  and 
form  in  the  Territory  of  California.    Adopted. 

On  motion  of  Mr.  Brannan,  it  was  resolved  that,  in  case  of 
the  resignation  or  death  of  either  of  the  delegates,  the  remain- 
der be  empowered  to  elect  one  to  fill  the  vacancy. 

The  President,  in  pursuance  of  the  fifth  resolution,  appointed 
Messrs.  Frank  Bates,  P.  B.  Reading,  and  John  S.  Fowler,  a 
Corresponding  Committee. 

On  motion  of  Samuel  Brannan,  it  wus  resolved  that  the  pro- 
ceedings of  this  meeting  be  published  in  the  "  Alta  California." 

On  motion,  the  meeting  adjourned. 


Robert  Gokdon,  Sec'y. 


Petek  n.  Burnett,  PresH. 


Edward  Gilbert,  James  C.  Ward,  and  George  Hyde, 
Corresponding  Committee  for  the  district  of  San  Fran- 
cisco, published  a  recommendation,  dated  January  24, 
1849,  that  the  meeting  of  the  Convention  be  postponed 
from  March  5  to  May  1,  1849. 

A  Territorial  Government. 

Our  readers  will  be  assured,  on  perusing  on  our  first  page 
the  article  from  the  New  York  "  Journal  of  Commerce  "  headed 
"  Present  State  of  the  Question,"  that  it  is  to  the  institution  of 
slavery  wo  owe  the  non-establishment  of  a  Territorial  Govern- 
ment in  this  country.    And  they  will  have  reason  to  foar,  as 


SACRAMENTO  CITY  AND  SDTTERVILLE. 


299 


we  do,  that  another  session  of  Congress  may  transpire  without 
giving  us  the  government  we  so  much  need,  in  consequence  of 
the  divisions  and  jealousies  likely  to  grow  out  of  the  same  sub- 
ject.   (Editorial,  "  Alta,"  February  15,  1849.) 

RITALFY    BETWEEN     SACRAMENTO     AND     SUTTERVILLE 

JOURNEY   TO    SAN    FRANCISCO — WONDERFUL    COINCI- 
DENCES— STATE    OF   SOCIETY. 

In  the  month  of  March,  1849,  the  rivalry  between 
Sacramento  City  and  Sutterville  was  at  its  greatest 
height ;  and,  as  the  ships  from  the  Eastern  States  were 
soon  to  arrive,  full  of  passengers  coming  to  the  gold- 
mines, it  was  deemed  best  for  the  interests  of  Sacra- 
mento City  that  I  should  spend  a  few  weeks  in  San 
Francisco.  I  started  for  San  Francisco  about  the  mid- 
dle of  March  on  board  a  small  schooner.  We  had  some 
forty  passengers. 

On  our  way,  and  soon  after  we  left  Sacramento  City, 
I  was  lying  in  a  berth  below,  when  Richard  D.  Torney 
came  to  me  and  said  that,  though  he  was  a  wicked  man 
himself,  he  was  pained  to  hear  a  man  on  board  speak 
against  the  Christian  religion  as  he  had  done,  and  de- 
sired me  to  go  on  deck  and  engage  in  a  discussion  with 
him.  This  I  declined  to  do.  The  unbeliever  was  about 
fifty  years  of  age,  had  read  much,  was  a  man  of  consid- 
erable ability,  and  seemed  quite  sincere  in  his  opinions, 
and  therefore  outspoken  in  his  opposition  to  Christian- 
ity. 

On  our  way  down  the  Sacramento  River,  this  gentle- 
man and  myself  had  frequent  familiar  conversations 
upon  other  than  religious  subjects.  I  soon  learned  that 
he  was  a  native  of  Tennessee.  He  gave  me  a  very  full 
history  of  himself  and  family  ;  and  among  other  inci- 
dents he  mentioned  the  death  of  his  only  son.  His  sen 
14 


I 


i^\ 


I  ■ 


If' 


|.,i 


r 


Til 


Uii 


I 


300 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


lit 


I.   I 


was  a  bright  and  promising  youth  of  sixteen,  had  been 
most  carefully  educated,  and  was  an  admirable  scholar 
for  his  age,  speaking  several  languages  well.  I  could 
see  that  his  love  for  his  boy  was  intense,  and  all  that  a 
father  could  have  for  his  child. 

He  said  that  lie  was  a  farmer  at  the  time,  and  was 
engaged  in  inclosing  a  ten-acre  tract  of  land,  with  a 
staked-and-ridered  fence.  The  fence  was  made  of  split 
rails  and  stakes,  and  he  had  put  up  the  rails  until  the 
fence  was  ready  to  receive  the  stakes.  For  the  pur- 
pose of  making  my  meaning  clear,  I  will  assume  that 
the  fence  ran  to  the  cardinal  points,  and  inclosed  a 
square  piece  of  ground.  He  was  engaged  in  hauling 
the  stakes  'n  his  wagon,  and  put  out  two  stakes  at  each 
corner  of  the  fence.  He  ould  haul  from  seventy  to 
eighty  stakes  at  each  load,  and  had  put  the  stakes  along 
the  northern  line  of  the  fence,  and  part  of  the  way  down 
the  western  line,  toward  the  southwest  corner  of  the 
field.  The  stakes  he  was  hauling  at  the  time  were 
found  south  of  the  new  inclosure  ;  and,  as  he  came  along 
the  western  line  toward  the  northwest  corner  of  the 
field,  he  decided  that  he  would  (/uess  the  corner  of  the 
fence  where  he  should  put  out  the  first  two  stakes,  so 
as  to  have  Just  the  number  to  reach  the  point  where  he 
had  placed  the  last  stakes  of  the  preceding  load.  He 
did  not  count  the  number  of  fence-corners  between  him 
and  the  stakes  already  placed  in  position,  nor  had  he 
counted  the  number  of  stakes  in  his  wagon.  He  com- 
menced and  put  out  two  stakes  at  a  certain  corner  ; 
and,  in  the  very  act  of  doing  so,  a  sudden  thought 
flashed  through  his  mind  that,  in  case  the  stakes  should 
last  him  to  the  other  stakes,  and  none  bo  left  over,  his 
son,  then  in  perfect  health,  would  die  within  a  week. 
To  his  surprise,  he  had  just  stakes  enough  to  fill  the 


been 
.liolar 
could 
that  a 

id  was 
iv^ith  a 
f  BpUt 
til  the 
le  pur- 
le  that 
osed  a 
tiauling 
at  each 
enty  to 
38  along 
ly  down 
r  of  the 
ae  were 
ae  along 
•  of  the 
;r  of  the 
takes,  BO 
ivhere  he 
)ad.     He 
(reen  him 
•  had  he 
lie  corn- 
corner  ; 
thought 
es  shoukl 
over,  his 
a  week. 
,0  fill  the 


WONDERFUL  COINCIDENCES. 


301 


gap  ;  and,  to  his  extreme  sorrow,  his  son  was  taken  sick 
the  next  day,  and  died  within  the  week. 

These  coincidences  were,  indeed,  most  wonderful. 
First,  there  was  one  chance  in  two  that  there  would  be 
an  even  number  of  stakes  on  the  wagon.  Second,  there 
was  about  one  chance  in  five  that  he  should  have  begun 
at  the  right  corner.  Third,  there  was  one  chance  in 
many  thousands  that  the  thought  should  have  flashed 
through  his  brain  at  the  very  instant  that  he  threw  out 
the  first  two  stakes.  Fourth,  there  was  one  chance  in 
two  thousand  that  the  death  of  his  son  should  have  fol- 
lowed, as  it  did,  within  the  time  apprehended.  Fifth, 
there  was  one  chance  in  many  millions  that  all  the  cir- 
cumstances should  have  concurred.  Take  a  combina- 
tion bank-lock  with  one  hundred  numbers,  and  set  the 
combination  on  four  numbers — say,  16,  95,  20,  and  7  ; 
and  a  burglar  would  have  one  chance  in  one  hundred 
millions  to  guess  the  combination.  If  the  lock  were 
only  set  on  one  number,  there  would  be  one  chance  in 
a  hundred,  but  it  is  the  combination  of  several  numbers 
that  diminishes  the  chances  so  wonderfully. 

These  strange  coincidences  greatly  puzzled  this  un- 
believer. He  expressed  to  me  his  extreme  surprise.  He 
had  been  most  fondly  attached  to  his  son,  and  seemed 
to  have  set  his  whole  heart  upon  him.  I  only  state  the 
facts,  and  leave  every  one  to  draw  his  own  conclusions. 

1  arrived  in  San  Francisco  on  Friday,  March  23d.  It 
Avas  then  but  a  village,  containing  about  one  thousand 
five  hundred  inhabitants.  Of  them,  fifteen  were  women, 
five  or  six  were  children,  and  the  remainder  were  nearly 
all  young  men,  very  few  being  over  forty.  It  was  dif- 
ficult to  find  a  man  with  gray  hair.  I  had  never  seen 
so  strange  a  state  of  society  until  I  arrived  in  California, 
although  I  had  been  a  pioneer  most  of  my  life.     To  see 


%\ 


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I 


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itil 


! 


V\ 


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f  ■     ,M   nam 


^f^mrm -7- 


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302 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


I. ' 


11    i 


li 


!l!'" 


i'l 


pi 't 

if 


'i      k 


a  community  composed  almost  exclusively  of  young 
men  engaged  in  civil  pursuits  was,  indeed,  extraordinary. 
In  point  of  intelligence,  energy,  and  enterprise,  they 
could  not  be  exceeded,  if  equaled,  by  the  same  number 
found  anywhere  else.  At  Sacramento  City  there  was 
about  the  same  proportion  of  men,  women,  and  children. 
Women  were  then  queens,  and  children  angels,  in  Cali- 
fornia. 

Sunday,  March  25,  1849,  was  a  bright,  genial,  beau- 
tiful day ;  and,  as  I  was  standing  in  Kearney  Street, 
about  ten  o'clock  a.  m.,  I  saw,  on  the  opposite  side  of 
Portsmouth  Square,  two  little  girls,  about  seven  years 
old,  dressed  in  pure  white.  They  were  about  the  age 
of  my  youngest  child,  Sallie,  and  they  appeared  to  me 
the  most  lovely  objects  I  had  ever  seen.  How  beautiful 
are  innocent  children  !  I  had  not  seen  my  loved  ones 
for  more  than  six  months,  and  this  spectacle  went  to  my 
heart.  I  had  it  from  good  authority  that,  in  the  fall  of 
1849,  a  beautiful  flaxen-haired  little  girl,  about  three 
years  old,  was  often  seen  playing  upon  a  veranda  at- 
tached to  a  house  on  Clay  Street,  between  Montgomery 
and  Kearney,  and  that  hardy  miners  might  be  seen  on 
the  opposite  side  of  Clay  Street  gazing  at  that  lovely 
child,  while  manly  tears  ran  down  their  bronzed  cheeks. 
The  sight  of  that  prattling  child  revived  memories  of 
the  peaceful,  happy  homes  they  had  left,  to  hunt  for 
gold  on  a  distant  shore. 

In  coming  from  Sacramento  to  San  Francisco  in 
April,  1872,  on  board  a  steamer,  I  made  the  acquaint- 
ance of  an  intelligent  man,  who  had  been  a  member  of 
the  Legislature  of  California.  This  gentleman  informed 
me  that  he  came  to  California  in  1849,  when  sixteen 
years  of  age,  with  an  uncle  of  his,  who  was  as  kind  to 
him  as  a  father.     They  located  at  a  remote  mining 


I 

■i 
ft 

I 
I 


SAILING  SHIPS  ARRIVE  WITH  GOLD-SEEKERS.     303 


i  1 


young 
dinary. 
e,  they 
number 
ere  was 
hildren. 
in  Cali- 

al,  beau- 
y  Street, 
3  side  of 
ren  years 
;  the  age 
>ed  to  me 
beautiful 
oved  ones 
ent  to  my 
the  fall  of 
,out   three 
eranda  at- 
ontgomery 
be  seen  on 
that  lovely 
zed  cheeks, 
nemories  of 
to  hunt  for 

rancisco  in 
le  acquaint- 

member  of 
^an  informed 
rhen  sixteen 
IS  as  kind  to 
note  mining 


camp,  far  in  the  mountains,  and  had  been  there  some 
months  when  he  learned,  one  evening,  that  a  woman 
had  arrived  at  another  mining  locality,  some  forty  miles 
distant.  He  said  he  had  not  seen  a  lady  for  six  months, 
and  he  went  to  his  uncle  and  said  :  "  Uncle,  I  want  you 
to  lend  me  Jack  to-morrow."  "  What  do  you  want  with 
him,  my  son  ?  "     "  !•  have  heard  that  there  is  a  woman 

at camp,  and  I  want  to  go  and  see  her."     "  Well, 

ray  son,  you  can  take  the  mule,  and  go  and  see  the  lady." 
Next  morning  he  was  off  by  daybreak,  and  never  stopped 
until  he  arrived  at  the  place  and  saw  the  lady.  She 
was  an  excellent  married  woman,  and  treated  the  boy 
with  great  kindness,  esteeming  his  visit  as  a  sincere 
compliment  to  her  sex. 

I  had  seen  society  in  Oregon,  without  means,  with- 
out spirituous  liquors,  and  without  a  medium  of  ex. 
change  ;  but  there  was  a  due  proportion  of  families,  and 
the  people  rapidly  improved  in  every  respect.  In  Cali- 
fornia, however,  there  were  few  women  and  children, 
but  plenty  of  gold,  liquors,  and  merchandise,  and  almOst 
every  man  grew  comparatively  rich  for  the  time ;  and 
yet,  in  the  absence  of  female  influence  and  religion,  the 
men  were  rapidly  going  back  to  barbarism. 

SAILING  SUIPS  ARRIVE  ■WITH  GOLD-SEEKERS  —  THEIR 
SPECULATIVE  CHARACTER — GOLD-WASHING  MACHINES 
— CLIMATE   OF   SAN   FRANCISCO. 

Within  a  few  days  after  my  arrival  in  San  Francisco 
the  sailing  ships  from  the  East  began  to  arrive,  full  of 
gold-seekers,  who  were  well  provided  with  outfits,  con- 
sisting of  clothing,  towels,  brushes,  and  other  articles, 
many  of  which  were  not  much  used  in  the  mines.  Many 
of  them  had  much  greater  supplies  than  they  required, 


\t 


•11 

.  I* 

HI 

i 

I  i'  '■ 

n  '  'if'i 


Ma 


304 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


m 


um 


I 


and  others  were  destitute  of  the  means  to  pay  their  ex- 
penses to  the  mines.  As  large  objects  appear  small  in 
the  distance,  most  of  these  people  supposed  when  they 
left  home  that  their  journey  would  about  end  at  San 
Francisco.  In  this  they  found  themselves  mistaken. 
They  had  many  miles  yet  to  travel,  and  the  expenses 
of  travel  in  California  were  much  greater  in  proportion 
to  distance  than  at  home.  These  people  would  congre- 
gate in  and  around  Portsmouth  Square,  and  you  could 
see  many  auctions  going  on  at  the  same  time.  The 
owner  of  the  articles  to  be  disposed  of  would  turn  up  a 
barrel  on  end,  and  from  his  trunks  alongside  he  would 
draw  out  his  goods,  and  sell  them  to  the  highest  bidder 
for  gold  dust  at  sixteen  dollars  per  ounce,  there  being 
little  or  no  coin  in  the  country. 

One  of  the  greatest  proofs  of  the  speculative  charac- 
ter of  the  gold-seekers  was  found  in  the  various  gold- 
washing  machines  brought  to  California.  When  the 
discovery  of  gold  was  fully  believed  in  the  States  %ast 
of*  the  Rocky  Mountains,  many  inventive  minds  set  to 
work  to  construct  raac'unes  for  washing  out  the  gold. 
It  was  interesting  and  very  amusing  to  see  the  number 
and  variety  of  thesi  most  useless  things.  They  had 
been  brought  in  many  cases  across  the  Isthmus  of  Da- 
rien,  at  great  expense  and  labor,  and  upon  arrival  were 
only  fit  for  fuel.  Many  of  the  owners  of  these  machines 
would  not  believe  the  statements  of  those  who  had  been 
in  the  mines,  but  carried  them  to  Sacramento  City, 
wtie.-e  they  were  compelled  at  last  to  abandon  them  on 
the  ]>ank  of  the  river.  Some  few  of  these  machines 
were  brought  across  the  plains  in  wagons. 

I  knew  a  tinsmith  named  Coleman  in  Weston,  Mis- 
souri, who  invented  and  constructed  an  iron  gold-wash- 
er weighing  from  ten  to  twelve  hundred  pounds,  and 


IT  >" 


3ir  ex- 
lall  in 

I  they 
it  San 
itaken. 
:penses 
portion 
jongre- 

II  could 
!.  The 
rn  up  a 
3  would 
,  bidder 
re  being 

;  charac- 
us  gold- 
hen  the 
ites  'east 
is  set  to 
he  gold. 

number 
'hey  had 
IS  of  r>a- 
ival  were 
machines 

had  been 
hto  City, 

them  on 

machines 

ston,  llis- 
rold-wash- 
unds,  and 


GOLD-WASniNG  MACHINES. 


805 


sold  it  to  another  man  I  knew  well  in  the  same  place, 
named  Murphy,  a  hotel-keeper,  who  was  a  sound  busi- 
ness man,  and  well  off.  lie  pui'chascd  an  extra  wagon 
and  ox-team  for  that  machine.  When  he  arrived  within 
four  days'  travel  of  Sacramento  City,  in  the  fall  of  1849, 
he  left  the  men  in  charge  of  his  two  wagons  and  teams, 
and  came  on  in  advance  of  them  on  horseback.  By 
some  means  his  acquaintances  had  heard  that  he  was 
bringing  this  machine  overland,  and  they  inquired  of 
him  Avhether  it  was  true.  He  stoutly  denied  it,  intend- 
ing to  return  and  meet  his  wagons  before  they  could 
arrive  at  the  City,  and  secretly  put  out  the  machine  in 
the  night  by  the  wayside.  But  he  miscalculated  the 
time  it  would  take  the  wagons  and  teams  to  arrive  ;  and, 
the  first  thing  ho  knew,  they  were  in  the  City.  "  Tho 
boys "  at  once  surrounded  and  searched  his  wagons  ; 
and  in  the  bottom  of  one  of  them,  well  concealed,  they 
found  the  machine.  Perhaps  no  man  was  ever  more 
thoroughly  quizzed  than  Murphy.  He  was  a  man  who 
boasted  of  his  shrewd  sagacity.  The  thing  was  thrown 
out  in  the  rear  of  my  office  on  J  Street  in  Sacramento, 
where  I  saw  it  many  times,  and  where  no  doubt  it  lies 
buried  to  this  day. 

For  days  and  days  I  would  stand  on  Kearney  Street, 
in  front  of  Naglee's  Bank,  near  the  Squnre,  and  talk  to 
the  newly  arrived.  I  had  been  in  the  mines  myself,  had 
"  seen  the  elephant,"  and  could  give  them  any  informa- 
tion they  desired.  The  simple  absurdity  of  many  of 
their  questions  severely  tested  my  risible  faculties  ;  but 
I  restrained  my  laughter,  remembering  that  I  had  been 
green  myself,  and  answered  all  their  various  questions 
kindly  and  truthfully.  I  have  seen  them,  on  their  way 
to  Sacramento  City,  take  their  spades  and  pans,  shovel 
up  the  sand  on  the  bank  of  the  Sacramento  River,  and 


IP 

if 


m 


It' 


d 


it 'I 

'  ■•(  I 


111 


l..'i 


\ 

I  p 


I, 


i 


'ii 


'f' 


■i-i-  f. 


306 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


wash  it  out  in  their  pans  ;  and,  when  they  had  discovered 
a  scale  of  mica,  it  was  most  interesting  to  watch  the 
ardent  expression  of  their  faces,  until  they  found  that 
all  that  glitters  is  not  gold. 

I  will  not  attempt  a  lengthy  description  of  the  young 
and  great  city  of  San  Francisco.  I  have  seen  it  rise 
from  the  rough,  irregular  sand-hills  and  ridges  of  the 
original  site,  to  the  paved  streets  and  magnificent  build- 
ings of  a  city  of  three  hundred  thousand  people,  from 
every  considerable  clime  and  kingdom  of  the  earth. 
I  have  seen  the  events  of  several  generations  crowded 
into  one. 

No  climate,  so  far  as  I  know,  is  superior  to  that  of 
San  Francisco,  taken  as  a  whole.  It  is  never  too  cold 
nor  too  warm  for  outdoor  work  in  this  city.  For  ten 
months  in  the  average  year  building  and  other  outdoor 
work  can  go  on  most  successfully.  For  eight  months 
in  the  year  we  can  know,  with  reasonable  certainty, 
what  kind  of  weather  we  are  to  have.  If  we  have  a 
picnic  or  other  occasion  to  attend,  we  know  there  will 
be  no  disappointment  in  consequence  of  bad  weather. 
"We  know  how  to  estimate  correctly,  in  advance,  what 
we  can  accomplish  within  a  time  stated.  The  fact  that 
so  little  time  is  lost  in  consequence  of  bad  weather  is 
one  great  cause  of  the  city's  rapid  improvement.  ]Mcn 
can  do  more  outdoor  work  here  than  elsewhere  in  a 
year.  A  fine  frame  or  brick  building  can  be  commenced 
after  the  rainy  season  has  passed,  and  securely  covered 
in  before  any  rain  falls  to  injure  or  impede  the  work. 

UNSATISFACTOKY    CONDITION    OF    THE    GOVERNMENT    OF 
THE   DISTRICT   OF   SAN   FRANCISCO. 

I  had  not  been  in  San  Francisco  more  than  ten  days 
before  I  became  fully  aware  of  the  unsatisfactory  con- 


GOVERNMENT  OF  SAN  FRANCISCO. 


307 


•overed 
tch  the 
nd  that 

9  young 
1  it  rise 
i  of  the 
nt  build- 
,le,  from 
LB  earth, 
crowded 

:o  that  of 

too  cold 

For  ten 
ir  outdoor 
it  months 
certainty, 
ve  have  a 
there  will 
I  weather, 
ance,  what 
e  fact  that 
weather  is 
lent.     IMcn 
ivhere  in  a 
commenced 
ely  covered 
ho  work. 

aNMENT    OF 

lan  ten  days 
factory  con- 


dition of  the  government  of  this  district.  The  alleged 
facts  are  concisely  and  clearly  stated  in  the  editorial  of 
the  "  Alta  California  "  of  March  29,  1849,  from  which  I 
make  the  following  extracts  : 

In  August,  1847,  Governor  Mason,  by  reason  of  many  com- 
plaints against  the  ill-defined  power-  and  assumptions  of  the 
Alcalde,  authorized  the  election  of  six  citizens  to  constitute  a 
Town  Council.  This  body  continued  in  existence  until  the  31st 
of  December,  1848,  when  it  expired  by  limitation.  They  passed 
a  law  authorizing  a  new  election  on  December  27th  for  seven 
members  of  a  new  council  to  succeed  them.  This  election  was 
duly  held,  but  a  majority  of  the  old  council  was  not  satisfied 
with  the  result,  and  declared  the  election  nugatory  because 
fraudulent  votes  were  polled  thereat,  and  ordered  a  new  one. 
Four  fifths  of  the  citizens  thought  that  this  was  an  unwarrant- 
able assiunption  of  power  on  the  part  of  the  council,  and  they 
would  not  attend  a  new  election.  An  election  was  held,  how- 
ever, by  the  factionists,  and  we  then  had  the  spectacle  of  three 
town  councils  in  existence  at  one  and  the  same  time.  The  old 
council  finally  voted  itself  out  of  existence  on  the  15th  of 
January,  1849,  and  the  other  two  kept  up  a  cross-fire  of  coun- 
ter cnactmer*  i  Tor  a  fevr  weeks  longer.  Despairing  of  ever 
being  able  to  entablish  public  justice  upon  a  proper  basis  so 
long  as  t;  c  ])cople  wyre  at  the  mercy  of  this  oflicer,  a  con- 
vention of  the  people  of  this  district  was  then  cnllod,  at  which 
it  was  resobod  to  elect  a  legislative  assembly  of  fifteen  mem- 
bers, who  should  have  power  to  make  such  laws  as  miglit  be 
deemed  necessary,  "provided  they  did  not  conflict  with  the 
Constitution  of  the  United  States,  nor  the  common  law  thereof." 

The  legislative  body,  to  correct  these  abuses,  and  inasmuch 
as  the  people  had  elected  tlireo  Justices  of  the  peace,  fixed  a 
day  upon  which  the  office  of  Alcalde  should  cease,  and  ordered 
him  to  hand  over  his  books  and  papers  to  Myi'on  Norton, 
Esq.,  a  newly  elected  Justice. 

The  proceedings  ol  the  meeting  of  citizens  men- 
tioned   in    the    preceding    "omarks    are    publiHhed   in 


> 


I'i 


'I  ■. 


p.i' 


'I 


M 


-rr 


308 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


h  ri 


^'1^ 


,  (i 


^^1 


MiK^ 


the  "Alta  California"  of  February  15,  1849,  as  fol- 
lows : 

Public  Meeting. 

A  public  meeting  of  the  citizens  of  the  town  and  district 
of  San  Francisco  was  held  in  the  Public  Square  on  Monday 
afternoon,    the    12th    instant,    in    accordance    with  pvev  ou 
notice. 

The  meeting  was  organized  by  calling  M.  Norton  to  •  losiiJe, 
and  T.  W.  Perkins  to  act  as  secretary.  The  chairman,  after 
reading  the  ca?l  of  the  meeting,  opened  it  more  fully  by  lucidly 
but  succinctly  stating  its  objects  ;  when  Mr.  Hyde,  on  being  in- 
vited, after  some  preliminary  remarks,  submitted  the  following 
plan  of  organization  or  government  for  the  district  of  San  Fran- 
ciso: 

"  Whereas^  We,  the  people  of  the  district  of  San  Francisco, 
perceiving  the  necessity  of  having  some  better  dclineu  and 
more  permanent  civil  regulations  for  our  general  security  than 
the  vague,  unlimited,  and  irresponsible  authority  that  now 
exists,  do,  in  general  convention  assembled,  hereby  establish 
and  ordain :  . 

"  Article  I. 

"Section  1.  That  there  shall  be  elected  by  ballot  a  Legisla- 
tive Assembly  for  the  district  of  San  Francisco,  consisting  of 
fifteen  members,  citizens  of  the  district,  eight  of  whom  shall 
constitute  a  quorum  for  the  transaction  of  business,  and  whose 
power,  duty,  and  office  shall  be  to  make  such  laws  as  they,  in 
their  wisdom,  may  deem  essential  to  promote  the  happiness  of 
tlie  people,  provided  they  shall  not  conflict  with  the  Constitu- 
tion of  the  United  States,  no»'  be  repugnant  to  the  common  law 
thereof. 

"Sko.  2.  Every  bill  which  shall  have  passed  the  Legi.- j; 
tive  Assembly  shall,  before  it  becomes  a  law,  be  signed  liy 
the  Speaker  and  the  Recording  Clo'-^-, 

*'Sko.  3.  It  shall  keep  a  jourr.  i  of  its  pr<.coeding8,  and  de- 
termine its  own  rules. 

"Seo.  4.  The  members  of  U.e  LogitLitivt  Assembly  shall 


i 


THE  LEGISLATIVE  ASSEMBLY. 


309 


as 


fol- 


id  district 
a  Monday 

L   prev  o'u' 

to  ^  rosid(% 
ruian,  aftor 
r  by  lucidly 
,n  being  in- 
0  following 
f  San  Fran- 

a  Francisco, 
dctined  and 
ecurity  than 
y  tbat  now 
pby  establish 


bit  a  lejrM.a- 

consistine  of 

'  whom  shall 

ss,  and  whose 

ws  as  they,  in 

happiness  of 

the  Constitu- 

8  common  law 

d  the  Lepir'U'. 
bo  signed  by 

edings,  and  de- 

Assorably  shall 


^ 


enter  upon  the  duties  of  their  oflBce  on  the  first  Monday  of 

March. 

"Abticle  II. 

"  Seo.  1.  That,  for  the  purpose  of  securing  to  the  people  a 
more  efficient  administration  of  justice,  there  shall  be  elected 
by  ballot  three  justices  of  the  peace,  of  equal  though  separate 
jurisdiction,  who  shall  be  empowered  by  their  commission  of 
office  to  hear  and  adjudicate  aU  civil  and  criminal  issues  in  this 
district,  according  to  the  common  law,  as  recognized  by  the 
Constitution  of  the  United  States,  under  which  we  live. 

"  Seo.  2.  That  there  shall  be  an  election  held,  and  the  same 
is  hereby  ordered,  at  the  Public  Institute,  in  the  town  of  San 
Francisco,  on  Wednesday,  the  twenty-first  day  of  February, 
1849,  between  the  hours  of  eight  A.  m.  and  five  p.  m.,  for  fifteen 
members  of  the  Legislative  Assembly  for  the  district  of  San 
Francisco,  and  three  justices  of  the  peace,  as  liereinbefore  pro-  • 
scribed.  • 

"  Seo.  3.  That  the  members  of  the  said  Legislative  Assem- 
bly, and  the  three  justices  of  tlie  peace  elected  as  hereinbefore 
prescribed,  shall  hold  their  office  for  the  term  of  one  year 
from  the  date  of  their  commissions,  unless  sooner  superseded 
by  the  competent  authority  from  the  United  States  Govern- 
ment, or  by  the  action  of  the  Provisional  Government  now 
invoked  by  the  people  of  this  Territory,  or  by  tho  action  of 
the  people  of  this  district. 

"  Seo.  4.  Members  of  the  Legislature  and  justices  of  the 
peace  shall,  before  entering  on  the  duties  of  their  respective 
oftices,  take  and  subscribe  the  following  oath  : 

"  '  I  do  solenmly  swear  that  I  will  support  tho  Constitution 
of  the  United  States,  and  government  of  this  district,  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of ac- 
cording to  the  best  of  my  ability.'  " 

Mr.  Harris  moved  tlio  adoption  of  the  entire  plan,  which 
was  seconded.  .  .  .  and  was  carried  almost  unanimously.  .  .  . 

On  motion  of  Mr.  Roach,  it  was 

"  Resolveil,  That  the  persons  who  were  elected  on  the  2Vth 
day  of  December  last,  to  sorvo  as  a  Town  Council  for  the  year 
1849,  and  those  who  were  elected  for  the  same  purpose  on  tho 


^ 


f'1 
il 

i, 

i') 


1 


■■M.1 


nil 


i 


r^ 


310 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


15th  of  January,  1849,  be  and  are  hereby  requested  to  tender 
their  resignations  to  a  committee  selected  by  this  meeting  to 
receive  the  same." 

Messrs.  Ellis,  Swasey,  Long,  Buckalew,  and  Hyde  were 
el.  o^"l  p'lch  committee. 

'■         otion,  it  was 

"  i)    ohed,  That  these  proceedings  be  published  in  the  'Alta 

Oalifornia.'" 

Mteon  Norton,  PresH. 

T.  W.  Perkins,  Sec'y. 


m^ 


I  have  omitted  some  unimportant  portions  of  the 
proceedings. 

It  appears  that  the  military  authorities  pronounced 
the  action  of  the  Legislative  Assembly  null  and  void, 
and  that  the  Alcalde  had  refused  to  deliver  up  the  pa- 
pers of  his  office  to  the  person  designated  by  the  Assem- 
bly. This  brought  up  the  question  as  to  the  right  of 
the  people  of  California  to  organize  a  provisional  Gov- 
ernment. 

General  Mason  was  military  Governor  of  California 
during  the  war  with  Mexico,  and  was  succeeded  by  Gen- 
eral Riley.  At  the  time  I  was  in  San  Francisco  on  my 
first  visit,  General  Persifer  F.  Smith  was  in  command 
temporarily  as  the  superior  officer  of  General  Riley.  I 
remember  that  I  had  a  friendly  conference  with  General 
Smith  in  regard  to  our  civil  government.  He  was  a 
most  admirable  man — kind,  candid,  courteous,  and  dig- 
nified, lie  seemed  to  regret  very  much  the  unsatisfac- 
toiy  condition  of  governmental  affairs  in  California,  but 
still  thought  there  was  no  remedy  by  the  action  of  our 
people.  I  differed  with  him  in  opinion,  and  about  the 
20th  of  April,  1849,  sent  to  the  "  Alta  California  "  the 
following  communication,  which  appeared  in  the  num- 
ber of  that  paper  issued  April  2G,  1849  : 


to  tender 
meeting  to 

lyde    were 


ia  the  'Alta 
f,  Preset. 

on3  of  the 

pronounced 
II  and  void, 
r  up  the  pa- 
r  the  Assem- 
the  right  of 
'isional  Gov- 

)f  California 
Kled  by  Gen- 
ncisco  on  my 
in  command 
ral  Riley.     I 
with  General 
He  was  a 
ous,  and  dig- 
he  unsatisf  ac- 
3alifornia,  but 
action  of  our 
and  about  the 
iilifornia"the 
i  in  the  num- 


COMMUNICATION  TO  THE  "ALTA  CALIFORNIA."     311 

COMMUNICATION  TO  THE  "  ALTA  CALIFORNIA  " — FAILURE 
OF  THE  ATTEMPT  TO  HOLD  A  CONVENTION  TO  FRAME 
A  PROVISIONAL  GOVERNMENT.  v 

77ie  Eights  of  the  People. 

Mb.  Editor:  Have  the  people  of  Cahfornia  any  rights?  If 
80,  what  is  their  extent?  Have  they  not  certain  rights,  found- 
ed, based,  and  implanted  in  man's  very  nature — that  belong  to 
them  as  men,  as  human  beings — rights  that  derive  no  force  from 
human  legislation,  but  trace  their  origin  up  through  nature  to 
nature's  God?  Are  not  those  great  principles  of  liberty  and 
justice,  that  produced  the  American  Revolutionary  war,  pro- 
mulgated in  the  immortal  Declaration  of  Independence,  and  are 
now  embodied  in  the  American  Constitutions,  State  and  Fed- 
eral, tlie  birthriglit  of  every  American  citizen?  I  must  answer 
emphatically,  they  are  yet  ours,  as  much  so  as  they  were  the 
rights  of  our  ancestors.  "We  have  inherited  them  by  direct, 
clear,  and  unquestionable  lineal  descent. 

The  Federal  Government  is  a  government  of  limited  powers 
—limited  by  a  written  Constitution,  published  to  the  world,  and 
placed  among  the  enduring  and  solemn  records  of  the  country. 
The  Constitution  of  the  United  States  not  only  limits  the  pow- 
ers of  the  Federal  Government,  but  these  powers  are  distributed 
among  three  separate  and  independent  departments,  the  legis- 
lative, executive,  and  judicial.  To  these  departments  are  as- 
signed difterent  functions,  and  thoy  were  intended  by  the  fram- 
ers  of  the  instrument  to  operate  as  checks  upon  each  other.  No 
one  department  has  any  right  to  assume  the  powers  or  discharge 
the  duties  assigned  to  the  others.  The  President  is  armed  with 
the  veto  power,  to  protect  his  department  from  the  encroach- 
ments of  the  Legislature,  and  the  judiciary  has  the  right  to  de- 
clare the  acts  of  Congress  and  of  the  President  unconstitutional, 
null,  and  void  from  the  beginning.  The  President  is  a  mere  ex- 
ecutive officer.  ITo  possesses  no  legislative  or  judicial  power. 
He  can  make  no  law,  and  construe  no  law  except  so  far  as  his 
mere  executive  action  is  concerned. 

The  question  whether  the  people  of  California  under  exist- 


»i  ii 


i   ' 


,'  1 


1l^ 


\\ 


i'l 


I 


'^ki 


1\ 

I] 


312 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


1 1  I 


^•M 


ing  circumstances  have  the  right  to  exercise  that  power  in- 
herent in  human  nature — the  power  to  institute  government 
for  the  protection  of  life,  liberty,  and  the  right  of  property — is  a 
question  that  does  not  rightfully  belong  to  the  executive  de- 
partmpnt  of  the  government  to  determine;  much  less  does  it 
come  within  the  province  of  a  subordinate  military  com- 
mander. Neither  does  it  belong  to  any  military  officer,  in 
time  of  peace,  to  decide  what  code  of  civil  law  is  in  force  in 
this  or  any  other  community ;  nor  does  he  have  the  right  to 
determine  what  judicial  office  is  or  is  not  in  existi  ice,  nor 
whether  this  or  that  individual  is  rightfully  a  judicial  officer. 
These  are  powers  foreign  to  the  military  office,  and  not  con- 
ferred by  the  Constitution  and  laws  of  our  country. 

Has  the  President  of  tlie  United  States  distinctly  and  clearly 
advanced  the  astounding  proposition  that,  so  long  as  Congress 
may  choose  to  abandon  and,  for  the  time  being,  abdicate  the 
right .  t  government  here,  and  refuse  to  extend  over  us  the  laws 
of  our  country — that  so  long  the  most  unfortunate  and  miser- 
able people  of  California  (not  having  forfeited  their  rights  by 
crimes  against  God  and  their  country)  have  not  the  liberty  to 
organize  a  mere  temporary  government  for  their  protection? 
Does  the  President,  or  any  other  American  statesman,  mean  to 
say  that,  while  the  people  of  Oregon  had  the  right  to  and  did 
organize  a  provisional  government,  recognized  by  Congress  it- 
self, the  people  of  California  have  no  such  right?  I  do  not  un- 
derstand the  President  or  the  Secretary  of  State  as  intending  to 
advance  any  such  idea.  I  know  Colonel  Benton  distinctly  ad- 
vised the  people  of  California  to  o-gunize  such  government. 
The  President  has  not,  as  I  understand,  decided  that  we  have 
no  right  to  institute  a  temporary  government,  and  that  we  must 
submit  to  the  mere  de  facto  government  under  the  military  au- 
thority ;  and,  had  he  so  decided,  he  would  have  done  so  in  dero- 
gation of  the  Constitution  and  laws  of  our  country.  The  idea 
that  he  has  so  decided  is  simply  an  inference  from  language  that 
will  not,  I  apprehend,  warrant  such  a  conclusion. 

What  are,  in  fact,  the  opinions  of  the  President  in  reference 
to  the  existing  state  of  things  in  California  ?  In  his  late  message 
be  says :  "  Upon  the  exchange  of  the  ratifications  of  the  treaty  of 


l;iA 


I 


COMMUNICATION  TO  THE  "ALTA  CALIFORNIA."     313 


f'' 


bI 


■■  i 


)ower  in- 
vernmcnt 
lerty— is  a 
cutive  de- 
388  does  it 
tary  corn- 
officer,  in 
in  force  in 
tie  right  to 
3t<..ice,  nor 
icial  officer, 
ul  not  Gotl- 
and clearly 
as  Congress 
abdicate  the 
•  us  the  laws 
e  andmiser- 
3ir  rights  by 
;he  liberty  to 
protection  ? 
nan,  mean  to 
ht  to  and  did 
f  Congress  it- 
I  do  not  un- 
9  intending  to 
distinctly  ad- 
government, 
that  we  have 
I  that  we  must 
le  military  au- 
one  so  in  dero- 
itry.    The  idea 
language  that 

mt  in  reference 
lis  late  mesBage 
of  the  treaty  of 


peace  with  Mexico,  on  the  thirteenth  day  of  May  last,  the  tem- 
porary governments  which  had  been  estabhshed  over  New  Mex- 
ico and  Califovuia  by  our  military  and  naval  commanders,  hy 
rirtue  of  the  rights  of  war,  ceased  to  derive  any  obligatory 
force  from  that  source  of  authority.^''  I  have  italicized  a  part 
of  the  above  extract  for  the  purpose  of  more  distinctly  showing 
that,  in  the  President's  opinion,  whatever  government  existed 
after  the  establishment  of  peace  did  not  so  exist  "  in  virtue  of 
the  rights  of  war,"  and  derived  no  obligatory  force  from  that 
source  of  autliority. 

The  President,  after  speaking  of  the  adjournment  of  Con- 
gress without  making  any  provision  for  the  government  of  the 
inhabitants  of  New  Mexico  and  California,  goes  on  to  say : 
"  Since  tliat  time,  the  limited  power  possessed  by  the  Ex- 
ecutive has  been  exercised  to  preserve  and  protect  thein  from 
the  inevitable  consequences  of  a  state  of  anarchy.  The  only 
government  that  remained  was  that  established  by  the  military 
authority  during  tlie  war.  Eegarding  this  to  be  a  de  facto 
government,  and  that,  by  the  presumed  consent  of  the  inhabi- 
tant?, it  might  be  continued  temporarily,  they  were  advised  to 
conform  and  submit  to  it  for  a  short  intervening  period,  before 
Congress  would  again  assemble,  and  could  legislate  on  the  sub- 
ject." 

All  governments,  rightfully  instituted,  muf^t  derive  their 
powers  from  some  source.  These  powers  are  derivative,  not 
original.  The  Declaration  of  Independence  assumes  the  clear 
and  distinct  principle  that  "governments  instituted  among  men 
derive  their  just  powers  from  the  consent  of  the  governed." 
Now,  according  to  the  above  extract,  from  what  "  source  of 
authority  "  did  the  temporary  governments  continued  after  the 
war  derive  their  powers?  Not  from  the  "rights  of  war." 
They  had  ceased.  Nor  yet  from  the  legislation  of  Congress,  for 
that  body  adjourned  without  any  action  upon  the  subject. 
What  then  was  the  source  of  power?  The  President  says  the 
"  consent  of  the  inhabitants."  Nor  can  the  President  or  any 
one  else  "presume"  this  "consent"  to  be  given  contrary  to 
the  fact  and  the  truth,  and  does  the  President  mean  to  say  so? 
Surely  not.    If  the  President  has  the  right  to  "  presume  "  this 


t   ! 

;  i 

;  I 


^1 


m 


m 


Ill 


ji--i 


i! 


w 


III 


314 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


i'l  ^    1    I 


« 


pi' 


W 


consent  to  be  given,  in  direct  and  positive  contradiction  to  the 
express  acts  and  declarations  of  the  inhabitants,  lias  he  not  the 
right  to  continue  such  military  government  without  the  "  con- 
sent" of  the  inhabitants  at  all,  either  actual  or  presumed? 

What  is  the  difference  between  no  consent  and  "presumed 
consent"  contrary  to  the  truth?  Can  the  President,  or  any 
man  living,  presume  away  the  "berties  of  the  people?  Never. 
If  we  have  no  power  to  dissent,  we  have  no  power  to  consent. 
We  are  not  free,  but  mere  passive  instruments.  Suppose  a  des- 
pot should  say  to  a  certain  people,  "  I  will  not  exercise  despotic 
power  over  you  without  your  consent,  but  I  will  presume  such 
consent  against  your  express  declarations  to  the  contrary."  Is 
it  possible  that  the  President  of  the  United  States  intended  to 
say,  in  substance,  to  his  fellow  citizens  of  California,  "  Gentle- 
men, I  will  not  continue  the  temporary  government  established 
during  the  war  without  your  consent,  but  I  will  presume  your 
consent  against  your  express  acts  and  declarations  to  the  con- 
trary, and,  if  you  attempt  to  organize  a  mere  temporary  govern- 
ment to  '  protect  you  from  the  inevitable  consequences  of  a 
state  of  anarchy,'  I  will  put  you  down  by  military  power,  and 
treat  you  as  traitors  and  enemies  of  your  country  "  ? 

That  our  military  commanders  had  a  right  to  establish  a 
temporary  government  "in  virtue  of  the  rights  of  war,"  to 
continue  during  the  existence  of  the  war,  might  readily  be  ad- 
mitted ;  and  that  the  President  had  the  right  to  continue  such 
government  after  peace  was  established,  by  the  "  consent  of  the 
inhabitants,"  might  be  true ;  and  that  such  consent  might  fairly 
be  presumed,  so  long  as  they  submitted  to  such  government, 
and  organized  no  other,  might  also  be  admitted,  though  doubt- 
ful. But  to  say  that  the  President,  a  mere  executive  officer, 
could  continue  such  government  without  any  actual  consent  of 
the  inhabitants,  and  could  presume  such  consent  in  a  manner  so 
violent  as  utterly  to  destroy  all  power  of  dissent  in  the  neglected 
people  of  California,  and  all  power  to  "  protect  themselves  from 
the  inevitable  consequences  of  anarchy,"  is  to  assert  a  proposi- 
tion giving  to  the  President  a  power  over  his  fellow  citizens 
equal  to  that  of  a  despot. 

The  opinion  of  President  Polk  and  that  of  his  distinguished 


ion  to  tliQ 
be  not  the 
the  "con- 
ned? 

'  presumed 
at,  or  any 
)?    Never. 
to  consent. 
pose  a  des- 
se  despotic 
2Sumo  such 
trary."    Is 
intended  to 
a,  "  Gentle- 
established 
■esiime  your 
to  the  con- 
•ary  goveru- 
lences  of    a 
power,  and 

? 

establish  a 
of  war,"  to 
■adily  be  ad- 
)ntinue  such 
jnsent  of  the 
might  fairly 
government, 
lough  doubt- 
utive  officer, 
al  consent  of 

a  manner  so 
the  neglected 
mselves  from 
L>rt  a  proposi- 
cUow  citizens 

distinguished 


COMMUNICATION   TO  THE  "ALTA  CALIFORNIA."     315 

Secretary  of  State  are  entitled  to  the  utmost  respect,  not  only 
upon  account  of  the  high  and  responsible  stations  they  filled, 
but  more  especially  for  the  reason  that  they  are  both  profound 
jurists  and  statesmen.  But  I  do  not  undcstand  them  as  laying 
down  these  two  distinct  positions — 1.  That  the  government 
continued  in  California  after  the  war  could  only  exist  by  the 
"  consent  "  of  the  inhabitants  ;  and  2.  That  the  President  has 
the  right  to  presume  such  consent  to  be  given  although  it  he 
expressly  withheld.  Now,  both  these  positions  must  be  sus- 
tained before  the  right  can  be  denied  to  the  people  of  Califor- 
nia to  organize  a  mere  temporary  government  "  to  protect 
them,"  in  the  beautiful  language  of  the  President,  "  from  the 
inevitable  consequences  of  a  state  of  anarchy." 

Mr.  Starkie,  in  his  learned  treatise  on  the  "  Law  of  Evi- 
dence," gives  this  definition  of  a  presumption  :  "  A  presump- 
tion may  be  defined  to  be  an  inference  as  to  the  existence  of 
one  fact  from  the  existence  of  some  other  fact,  founded  upon  a 
previous  experience  of  their  connection."  After  some  other 
remarks  not  necessary  to  illustrate  the  position  I  am  seeking  to 
establish,  the  author  says :  "  It  also  follows  from  the  above  de- 
finition that  the  inference  may  be  either  certain  or  not  certain, 
but  mQVQ\j  proldblc^  and  therefore  capable  of  being  rebutted  by 
proof  to  the  contrary."     (Part  IV.,  p.  1235.) 

Now,  whether  tlie  inhabitants  gave,  and  still  continue  to 
give,  their  consent  to  the  continuance  of  the  military  govern- 
ment after  the  cessation  of  war,  is  simply  a  question  of  fact. 
So  long  as  the  people  of  the  country  submitted  to  such  govern- 
ment, organized  no  other,  and  made  no  objection,  by  their  acts 
they  made  that  government  their  own,  and  their  consent  might 
be  presumed.  But  I  take  it  that  such  presumption  is  not  of 
that  kind  called  by  Mr.  Starkie  "certai',"  but  only  "proba- 
ble," and  "  therefore  capable  of  being  rebutted  by  proof  to  the 
contrary." 

All  that  I  understand  the  President  as  intending  to  advance 
is,  that  ho  had  the  limited  power  to  continue  the  de  facto  gov- 
ernment by  the  consent  of  the  inhabitants ;  and  that  so  long  as 
they  submitted,  and  did  not  object  to  such  continuance,  nor 
organize  any  different  government,  such  consent  might  be  pre- 


H 


n 


^1* 


I'll 


Mi 


■1) 

4 
(I 


Ift — 


■a 


316 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


I*  i 


sumed ;  and  for  this  reason  lie  "advised"  tho  inhabitants  to 
"  conform  and  submit  to  it  for  a  short  intervening  period,  before 
Congress  would  again  assemble,  and  could  legislate  on  the  sub- 
ject." He  "  advised  "  (not  ordered)  the  inhabitants  to  submit. 
The  law  commands^  and  does  not  admse.  And,  had  the  Presi- 
dent believed  that  he  had  tlie  lawful  authority  to  continue  tho 
de  facto  government  against  our  consent,  it  would  have  been  his 
duty  to  speak  "  as  one  having  authority,"  and  not  merely  to 
give  advice. 

I  have  thus,  Mr.  Editor,  spoken  my  candid  sentiments  in 
language,  I  hope,  intelligible  and  plain.  I  have  done  so  with- 
out intending  the  slightest  disrespect  to  those  of  ray  fellow 
citizens  who  may  difter  with  me  in  opinion.  I  have  only  sought 
to  discuss  most  vital  principles,  and  not  to  make  the  slightest 
personal  reflection  upon  any  one.  I  may  or  may  not  trouble 
you  again.  P. 

The  following  is  an  extract  from  a  letter  of  James 
Buchanan,  Secretary  of  State  of  the  United  States,  to 
William  V.  Voorhies,  dated  October  7,  1848  : 

The  President  deeply  regrets  that  Congress  did  not,  at  their 
late  session,  establish  a  territorial  government  for  California. 
It  would  now  be  vain  to  enter  into  the  reasons  for  this  omis- 
sion. Whatever  these  may  have  been,  he  is  firmly  convinced 
that  Congress  feels  a  deep  interest  in  California  and  its  people, 
and  will  at  an  early  period  of  the  next  session  provide  for 
them  a  Territorial  Government  suited  to  their  wants.  ("Alta," 
March  15,  1849.) 

But  the  next  session  passed  without  any  legislation 
by  Congress  in  regard  to  California,  except  to  extend 
the  revenue  laws  of  the  United  States  over  us.  In  the 
"  Alta "  of  June  2,  1849,  will  be  found  an  editorial  in 
reference  to  this  treatment  of  us  headed  "  A  Legal 
Outrage,"  in  which  occurs  the  expression,  "  thus  passing 
a  law  to  tax  California  without  giving  it  a  representa- 
tive or  even  a  government." 


'I 


ibitants  to 
riod,  before 
)ii  the  sub- 
to  submit. 
L  the  Presi- 
jntinue  the 
ive  been  his 
t  merely  to 

ntiments  in 
jne  80  with- 
'  my  fellow 
I  only  sought 
the  slightest 
not  trouble 
P. 

r  of  James 
d  States,  to 

not,  at  their 
)r  California, 
'or  this  omis- 
ly  convinced 
nd  its  people, 
1  provide  for 
nts.  ("Alta," 

y  legislation 

)t  to  extend 

us.     In  the 

editorial  in 

"A  Legal 

thus  passing 

a  representa- 


ATTEMPT  TO  FRAME  A  PROVISIONAL  GOVERNMENT.  317 

It  will  be  remembered  that  the  meetings  held  at 
San  Jose  and  San  Francisco  in  December,  1848,  and 
that  at  Sacramento  in  January,  1849,  recommended  the 
people  of  California  to  elect  delegates  to  attend  a  Con- 
vention to  be  held  at  San  Jose,  March  5,  1849,  to 
frame  a  provisional  government  for  this  Territory. 
Delegates  were  accordingly  elected,  and  corresponding 
committees  appointed  ;  but  that  attempt  at  organiza- 
tion failed,  in  consequence  of  a  difference  of  opinion  as 
to  the  time  when  the  Convention  should  meet.  The 
time  mentioned  was  found  to  be  too  short  to  allow  the 
lower  districts  to  be  represented.  Edward  Gilbert, 
James  C.  Ward,  and  George  Hyde,  Corresponding  Com- 
mittee of  San  Francisco,  published  a  recomm'mdation, 
dated  January  24,  1849,  that  the  meeting  of  the  Con- 
vention be  postponed  from  March  5th  to  May  1st. 
("Alto,"  January  25,  1849.)  Messrs.  John  Sinclair 
and  Charles  E.  Pickett,  delegates  elect  to  the  Conven- 
tion from  Sacramento  district,  protested  against  the 
change  of  time.     ("  Alta,"  March  1,  1849.) 

In  the  "  Alta"  of  March  22,  1849,  a  communication 
was  published — signed  by  W.  M.  Steuart,  Myron  Nor- 
ton, and  Francis  J.  Lippitt,  delegates  from  San  Fran- 
cisco ;  Charles  T.  Botts,  delegate  from  Monterey  •  J. 
D.  Stevenson,  from  Los  Angeles  ;  R.  Semple,  !'•  m 
Benicia  ;  John  B.  Frisbie  and  M.  G.  Vallejo,  from 
Sonoma ;  S.  Brannan,  J.  A.  Sutter,  Samuel  J.  Hensley, 
and  P.  B.  Reading,  from  Sacramento — recommending 
the  holding  of  a  Convention  for  framing  a  provisional 
government  at  Monterey,  on  the  first  Monday  of  Au- 
gust, 1849,  in  case  no  act  of  Congress  should  be  passed 
to  create  a  territorial  government  for  Califoniia,  and 
resigning  their  positions  as  delegates. 

Congress  adjourned  March  3,  1849,  and  President 


«■ 


.   1 


m^ 


rl 


L':i 


!  fi'f 
iljlti 

i 

J'  ■' 

hi 

ii 


T 


If" 


I 


'^r 


318 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Taylor  was  inaugurated  on  the  5th,  the  4th  being  Sun- 
day ;  but,  at  the  date  of  the  above  recommendation, 
March  22d,  the  non-action  of  Congress  in  regard  to  a 
territorial  organization  for  California  was  not  known 
here.  This  recommendation  was  not  acted  upon  by  the 
people. 


I 


M 


fii; 


k 


fu 


■>■■,■» 


•M.\ 


B. 

being  Sun- 
imendation, 
regard  to  a 
not  known 
upon  by  the 


:«i 


'i\ 


CHAPTER  VIII. 


I' 


•  ( 


RETURN  TO  SACRAMENTO — COME  A  SKCOND  TIME  TO  SAN 
FRANCISCO — BECOME  A  MEMBER  OP  THE  LEGISLATIVE 
ASSEMBLY — EXTRACTS  FROM  THE  ADDRESS  OF  THAT 
BODY    TO     THE     PEOPLE     OF     CALIFORNIA — EXTRACTS 

FROM    GENERAL  RILEY's  PROCLAMATION ADDRESS  OF 

THE    COMMITTEE    OF   FIVE. 

About  the  21st  of  April,  1849,  I  left  San  Francisco 
on  my  return  to  Sacramento,  where  I  arrived  about  the 
28th  of  that  month.  About  the  middle  of  May  my 
family  arrived  in  San  Fianciseo  from  Oregon ;  and  I 
came  the  second  time  to  San  Francisco,  arriving  about 
the  1st  of  June.  I  became  a  member  of  the  Legisla- 
tive Assembly  of  San  Francisuo,  and  took  a  leading  part 
in  its  proceedings.  This  Assembly  published  an  "  Ad- 
dress to  the  People  of  California,"  which  appears  in  the 
"  Alta"  of  June  14,  1849.  Though  there  is  no  date  to 
the  address  as  published,  it  was  adopted  some  time  be- 
fore, and  was  written  by  me,  in  entire  ignorance  of 
General  Riley's  intended  proclamation  to  the  people 
of  California,  which  bears  date  at  Monterey,  June  3, 
1849,  but  was  unknown  in  San  Francisco  until  Satur- 
day, June  9th.  The  following  are  extracts  from  this 
address  : 


I  ■ 
ilif 


n 


mp 


Iff!' 


I     iH! 


*'  1 


.'-tinr 


320 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


■^1 


ill  II 


I 


\ 


^ 


The  Committee  appointed  by  the  Speaker,  under  a  resolu- 
tion of  this  House,  to  draw  up  and  submit  an  address  to  the 
people  of  California,  beg  leave  respectfully  to  submit  the  within 
for  the  consideration  of  this  body.  .  .  . 

The  discovery  of  the  rich  and  exhaustless  gold-mines  of  Cali- 
fornia has,  in  and  of  itself,  produced  a  strange  and  singular  state 
of  things  in  this  community,  unpai'alleled,  perhaps,  in  the  annals 
of  mankind.  We  have  here  in  our  midst  a  mixed  mass  of  human 
beings  from  every  part  of  the  wide  earth,  of  different  habits, 
manners,  customs,  and  opinions — all,  however,  impelled  onward 
by  the  same  feverish  desire  of  fortune-making.  But,  perfectly 
anomalous  as  may  be  the  state  of  our  population,  ♦^ho  state  of 
our  government  is  still  more  unprecedented  and  alarming.  We 
are  in  fact  without  government — a  commercial,  civilized,  and 
wealthy  people,  without  law,  order,  or  system,  to  protect  and 
secure  them  in  the  peaceful  enjoyment  of  those  rights  and  priv- 
ileges inestimable,  bestowed  upon  them  by  their  Creator,  and 
holden,  by  the  fundamental  principles  of  our  country,  to  be  in- 
alienable and  dbaoluto. 

For  the  tirst  time  in  the  history  of  the  "model  Republic," 
and  perhaps  in  that  of  any  civilized  government  in  the  world, 
the  Congress  of  the  United  States,  representing  a  great  nation 
of  more  tlian  twenty  millions  of  freemen,  have  assumed  the 
right,  not  only  to  tax  us  without  representation,  but  to  tax  us 
without  giving  us  any  government  at  all — thus  making  us  feel, 
endure,  and  boar  all  the  burthens  of  government,  without  giv- 
ing us  even  a  distant  glimpse  of  its  bknefits.  A  special  and 
separate  act  was  introduced  in  the  House  of  Representatives,  at 
the  late  session  of  Congress,  by  the  Committee  on  Commerce, 
and  subsequently  passed  by  both  Houses,  extending  the  revenue 
laws  of  the  United  States  over  California,  and  leaving  the  bill 
to  organize  a  territorial  government  for  this  neglected  people  to 
perish  at  the  close  of  the  session. 

Under  these  pressing  circumstances,  and  impressed  with  the 
urgent  necessity  of  some  efficient  action  on  the  part  of  the 
]>eople  of  California,  the  Legislative  Assembly  of  the  district  of 
San  Francisco  have  believed  it  to  bo  their  duty  to  earnestly 
recommend  to  their  fellow  citizens  the  propriety  of  electing 


I 


EER. 

under  a  resolu- 

address  to  the 

brait  the  withia 

d-mines  of  Cali- 
id  singular  state 
ps,  in  the  annals 
1  mass  of  human 
different  habits, 
impelled  onward 
But,  perfectly 
ion,  *^^ho  state  of 
1  alarming.     We 
il,  civilized,  and 
I,  to  protect  and 
>  rights  and  priv- 
leir  Creator,  and 
ountry,  to  be  in- 

nodel  Republic," 
ent  in  the  world, 
ig  a  great  nation 
avo  assumed  the 
on,  but  to  tax  us 
\  making  us  feel, 
lent,  without  giv- 
i.    A  special  and 
.epresentativos,  at 
eo  on  Commerce, 
nding  the  revenue 
lul  leaving  the  bill 
eglectod  people  to 

nprossed  with  the 
I  the  part  of  the 
yr  of  the  district  of 
duty  to  earnestly 
priety  of  clectini,' 


ADDRESS  TO  THE  PEOPLE  OF  CALIFORNIA.       321 

twelve  delegates  from  each  district  to  attend  a  general  Conven- 
tion, to  be  held  at  the  Pueblo  de  San  Jo86  on  the  third  Monday 
of  August  next,  for  the  purpose  of  organizing  a  government  for 
the  whole  Territory  of  California.  AVe  would  recommend  that 
the  delegates  be  intrusted  with  enlarged  discretion  to  deliberate 
upon  the  best  measures  to  be  taken ;  and  to  form,  if  they  upon 
mature  consideration  should  deem  it  advisable,  a  State  Consti- 
tution, to  be  submitted  to  the  people  for  their  ratification  or  re- 
jection by  a  direct  vote  at  the  polls. 

The  present  state  of  a  great  and  harassing  political  question 
In  the  United  States  must  certainly  defeat,  for  several  coming 
sessions,  any  attempts  at  an  organization  of  a  territorial  govern- 
ment for  this  country  by  Congress.  In  the  Senate  of  the  United 
States  the  pai'ties  stand  precisely  equal,  there  being  fifteen  free 
and  fifteen  slave  States  represented  in  that  body.  Until  one  or 
the  othe?  gain  the  ascendancy,  we  can  have  no  territorial  or- 
ganization by  act  of  Congress.  All  parties  in  both  Houses  of 
Congress  admit,  however,  that  the  people  of  California  can  a.id 
ought  to  settle  the  vexed  question  of  slavery  in  their  State  Con- 
stitution. From  the  best  information,  both  parties  in  Congress 
are  anxious  that  this  should  be  done ;  and  there  can  exist  no 
doubt  of  the  fact  that  the  present  perplexincr  state  of  the  ques- 
tion at  Washington  would  insure  the  admission  of  California  at 
once.  We  have  that  question  to  settle  for  ourselves;  and  the 
sc  mer  we  do  it,  the  better. 

The  following  editorial,  in  referci  ce  to  this  address, 
appeared  in  the  "  Alta"  of  June  14th  : 

It  is  important  and  proper  that  we  should  remark,  in  this 
connection,  that  the  Legislative  Address  was  prepared  and 
adopted  before  the  pubhcation  of  General  Riley's  proclamation 
in  this  place,  and  that  it  therefore  has  no  reference  to,  or  neces- 
sary connection  with,  that  document. 

In  the  same  number  of  tlie  "Alta"  will  be  found 
a  lonjr  editorial,  of  which  the  following  is  the  be- 
ginning : 


1 


% 


!  ;' 


!' 

w\ 

'■■-:i 

\^' 

■  ^ 

if 


vi 

'In 

4 


f-' 


'  !!'« 


i 


H 


r' 


ml 


322 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


* 


N 


^ 


A  Revolution — its  Progress. 
This  town  ;  ",  thrown  into  a  state  of  intense  excitement  on 
Saturday  morning  last,  by  the  publication  of  the  "  Proclamation 
to  the  People  of  the  District  of  San  Francisco,"  which  is  this 
(lay  given  in  our  columns.  The  publicution  at  the  same  time 
of  a  "  Proclamation  to  the  People  of  California,"  which  we  also 
insert  to-day,  did  not  detract  from  the  intense  excitement  of 
the  day. 

A  meeting  was  held  on  Tuesday,  June  12th,  of  the 
proceedings  of  which  the  following  correct  account  will 
be  found  in  tho  "Alta"  of  June  14th  : 

Large  and  Enthusiastic  Mass  Meeting  of  the  Citizens  of  San 
Francisco  in  Favor  of  a  Convention  for  forming  a  State 
Government. 

The  mass  meeting  of  the  citizens,  called  for  the  purpose  of 
considering  the  propriety  of  electing  delegates  to  a  convention 
for  the  formation  of  a  government  for  California,  took  place  on 
Tuesday,  June  12th,  in  Portsmouth  S(iuare. 

At  3  o'clock  p.  M.  the  meeting  was  called  to  order  by  Peter 
H.  Burnett,  Esq.,  who  proposed  to  the  mooting  the  following 
list  of  ofScera,  which  was  unanimously  adopted :  President, 
William  M.  Steuart ;  Vice-Presidents,  William  D.  M.  Howard, 
E.  II.  Harrison,  C.  V.  Gillespie,  Robert  A.  Parker,  Myron  Nor- 
ton, Francis  J.  Lippitt,  J.  11.  Merrill,  George  Ilyde,  William 
Hooper,  Hiram  Grimes,  John  A.  Patterson,  C.  II.  Johnson, 
William  II.  Davis,  Alfred  Ellis,  Edward  Gilbert,  John  Towns- 
end  ;  Secretaries,  E.  Gould  Buffom,  J.  li.  Per  Leo,  W.  C. 
Parker. 

The  object  of  the  meeting  having  been  briefly  stated  by  the 
President,  Peter  H.  Burnett,  Esq.,  addressed  the  people  assem- 
bled, and  concluded  his  remarks  by  presenting  the  Hon.  Thomas 
Butler  King  of  Georgia,  who  responded  to  the  call  with  his  ac- 
customed eloquence  and  ability.  The  meeting  was  further  ad- 
dressed by  Dr.  W.  M.  Gwin  and  William  A.  Buifom,  Esq.,  when 
the  following  resolutions  wore  offered  by  Myron  Norton,  Esq.: 


citement  on 
roclamation 
hich  ia  this 
0  same  time 
hich  we  also 
icitement  of 


.2th,  of  the 
iccount  will 


'tizens  of  San 
ming  a  State 

he  purpose  of 

3  a  couvention 

took  place  on 

)rder  by  Peter 
the  following 
lI:   President, 
:).  M.  Howard, 
,  Myron  Nor- 
llyde,  William 
II.  Johnson, 
John  Towns- 
;r  Leo,  W.  0. 

y  stated  by  the 
people  aasem- 
e  Hon.  Thomas 
;all  with  his  ac- 
vvaa  further  ad- 
\.m,  Esq.,  when 
Norton,  Esq.: 


PUBLIC   MEETING  IN  SAN  FRANCISCO. 


323 


"  Eesolved,  That,  the  Congress  of  the  United  States  having 
failed  to  pass  any  law  for  the  government  of  this  country,  the 
people  of  CaHfornia  have  the  undoubted  right  to  organize  a 
government  for  their  own  protection. 

"  liesolved,  That  the  people  of  California  are  called  upon  by 
an  imperative  sense  of  duty  to  assemble  in  their  sovereign  capa- 
city, and  elect  delegates  to  a  convention  to  form  a  constitution 
for  a  State  government,  that  the  great  and  growing  interests  of 
California  may  be  represented  in  tlie  next  Congress  of  the  United 
States,  and  the  people  of  this  country  may  have  the  necessary 
protection  of  law. 

"  Hesohed,  That  we  earnestly  invite  our  fellow  citizens  at 
largo  to  unite  with  us  in  our  efforts  to  establish  a  government 
in  accordance  with  the  Constitution  of  our  beloved  country,  and 
that  a  committee  of  five  persons  be  appointed  by  the  President 
of  this  meeting  to  correspond  with  the  other  districts,  and  fix 
an  early  day  for  the  election  of  delegates  and  the  meeting  of  the 
convention,  and  also  to  determine  the  n^  nber  of  delegates  which 
should  be  elected  from  this  district." 

Mojjor  Barry  opposed  the  resolutions.  General  Morse  pro- 
posed an  amendment  to  the  last  resolution,  to  t'e  effect  that 
the  meeting  adopt  for  the  time  the  days  appointed  by  General 
Riley. 

Colonel  J.  D.  Stevenson  opposed  the  amendment. 

After  some  little  discussion,  the  amendment  was  rejected, 
and,  the  vote  being  taken  upon  the  original  resolutions,  they 
were  adopted. 

The  Chairman,  in  accordance  with  the  last  resolution, 
then  ai)pointed  the  following  committee :  Peter  H.  liurnett, 
W,  D.  M.  Howard,  Myron  Norton,  E.  Gould  Buffom.  Edward 
Gilbert. 

The  meeting  was  then  addressed  by  Edward  Gilbert. 

On  motion,  the  meeting  adjourned  sine  die. 


E.  Gould  Buffom, 
J.  R.  Pkr  Lee, 
W.  0.  Pabker, 
15 


William  M.  Steuart,  President, 


Secretaries. 


M 

/  ■  ■ 

'   ! 

■     ; 

\. 

H' 


I., 


'I 


i 


'  (   ;il 

1 

t : 

l» 

it 

'i 

^g^ 


324 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


General  Riley's  "  Proclamation  to  the  People  of 
California,"  as  already  stated,  bore  date  at  Monterey, 
June  3,  1849,  but  was  not  known  in  San  Francisco  until 
Saturday,  June  9th.  The  following  extracts  are  from 
this  proclamation  : 

In  order  to  complete  this  organization  with  the  least  possi- 
ble delay,  the  undersigned,  in  virtue  of  power  in  him  vested, 
does  hereby  appoint  the  first  day  of  August  next  as  the  day  for 
holding  a  special  election  for  delegates  to  a  general  convention, 
and  for  filling  the  oflSces  of  judges  of  the  Superior  Court,  pre- 
fects and  sub-prefects,  and  all  vacancies  in  the  offices  of  first 
alcaldes  (or  judges  of  first  instance),  alcaldes,  justices  of  the 
peace,  and  town  councils.  The  judges  of  the  Superior  Court 
and  district  prefects  are  bylaw  executive  appointments;  but, 
being  desirous  that  the  wishes  of  the  people  should  be  fully 
consulted,  the  Governor  will  appoint  such  persons  as  may  re- 
ceive the  plurality  of  votes  in  their  respective  district'^,  pro- 
vided they  are  competent  and  eligible  to  the  oflBce.  Each  dis- 
trict will  therefore  elect  a  prefect  and  two  sub-prefects,  and  fill 
the  vacancies  in  the  offices  of  first  alcalde  (or  judge  of  first  in- 
stance) and  of  alcalde.  One  judge  of  the  Superior  Court  will 
be  elected  in  the  districts  of  San  Diego,  Los  Angeles,  and  Santa 
Barbara ;  one  in  the  districts  of  San  Luis  Obispo  and  Monterey ; 
one  in  the  districts  of  San  Jos6  and  San  Francisco ;  and  one  in 
the  districts  of  Sonoma,  Sacramento,  and  San  Joaquin.  The 
salaries  of  the  judges  of  the  Superior  Court,  the  prefects,  and 
judges  of  first  instance  are  regulated  by  the  Governor,  but  can 
not  exceed  for  the  first  $4,000  per  annum,  for  the  second 
$2,500,  and  for  the  third  $1,500.  These  salaries  will  be  i)aid 
out  of  the  civil  fund  which  has  been  formed  from  the  proceeds 
of  the  customs,  provided  no  instructions  to  the  contrary  are 
received  from  Washington.  .  .  . 

The  method  here  indicated  to  attain  what  is  desired  by  all, 
viz.,  a  more  perfect  political  organization,  is  deemed  the  most 
direct  and  safe  that  cun  be  adopted,  and  one  fully  authorized 
by  law.    It  is  the  course  advised  by  the  President,  and  by  the 


!R. 


I  People  of 
t  Monterey, 
ancisco  until 
cts  are  from 


he  least  possi- 
in  Lim  vested, 
t  as  the  day  for 
iral  convention, 
rior  Court,  pre- 
3  offices  of  first 
justices  of  the 
Superior  Court 
)ointments;  but, 
should  be  fully 
rsons  as  may  re- 
VQ  district'',  pro- 
iffice.    Each  dis- 
-prefects,  and  fill 
judge  of  first  in- 
perior  Court  will 
ngeles,  and  Santa 
po  and  Monterey ; 
Cisco ;  and  one  in 
un  Joaquin.     The 
,  the  prefects,  and 
Governor,  but  can 
1,  for   the  second 
laries  will  be  paid 
from  the  proceeds 
)  the  contrary  are 

at  is  desired  by  all, 
s  deemed  the  most 
me  fully  authorized 
.s'dent,  and  by  the 


ADDRESS  OF  THE  COMMITTEE  OF  FIVE. 


325 


Secretaries  of  State  and  of  War  of  the  United  States,  and  is  cal- 
culated to  avoid  the  innumerable  evils  which  must  necessarily 
result  from  any  illegal  local  legislation.  It  is  therefore  hoped 
that  it  will  meet  with  the  approbation  of  the  people  of  Cali- 
fornia, and  tliat  all  good  citizens  wUl  unite  in  carrying  it  into 
execution. 

On  the  4th  of  June  General  Riley  issued  a  procla- 
mation addressed  "  To  the  People  of  the  District  of  San 
Francisco," in  which  he  declares  that  the  "body  of  men 
styling  themselves  the  Legislative  Assembly  of  San 
Francisco  has  usurped  powers  which  are  vested  only  in 
the  Congress  of  the  United  States,"  etc.  This  waa 
made  known  in  San  Francisco,  June  9th.  The  time  ap- 
pointed by  General  Riley  for  the  meeting  of  the  Con- 
vention was  September  1, 1849,  and  the  place  Monterey. 
The  Legislative  Assembly  of  San  Francisco  issued  an 
"  Address  to  the  People  of  California,"  in  answer  to 
the  two  proclamations  of  General  Riley.  This  address 
was  reported  by  a  committee  of  which  I  was  a  member, 
and  was  drawn  up  by  me.  It  may  be  found  at  length 
in  the  "  Alta"  under  the  dates  of  July  19,  26,  and  Au- 
gust 0,  1849. 

The  following  was  published  by  the  committee  of 
five  : 

To  the  Puhlic. 

The  undersigned,  composing  a  committee  appointed  at  a 
mass  meeting  of  the  people  of  the  district  of  San  Francisco, 
held  on  the  12th  day  of  June,  1849,  to  correspond  with  the 
other  districts,  and  to  fix  an  early  day  for  the  election  of  dole- 
gates  and  the  assembling  of  the  convention,  and  also  to  deter- 
mine the  number  of  delegates  which  should  be  elected  from  this 
district,  have  given  the  subject  that  attention  which  their  lim- 
ited time  and  means  would  permit.  The  time  being  a  matter, 
not  of  principle,  but  of  mere  expediency,  the  committee,  being 
duly  impressed  with  the  urgent  necessity  of  success  in  the  main 


li 


M 


■  li 

if 


\ 


'i' 


■it 

■i 

t  m 
1 


li 


I' 


flii 


1^ 


itrWi 


Ui>Hi 


N*r*t 


326 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


object  desired  by  all  parties,  have  not  deemed  it  their  duty  or 
right,  under  the  circumstances,  to  do  any  act  that  might  en- 
danger the  ultimate  success  of  the  great  project  of  holding  the 
convention.  The  committee,  not  recognizing  the  least  power,  as 
matter  of  right,  in  Brevet  Brigadier  General  Kiley,  to  "  appoint " 
a  time  and  place  for  the  election  of  delegates  and  the  assem- 
bling of  the  convention  ;  yet,  as  these  matters  are  subordinate, 
and  as  the  people  of  San  Jos6  have,  in  public  meeting,  expressed 
their  satisfaction  with  the  times  mentioned  by  General  Riley, 
and  as  we  are  informed  the  people  below  will  accede  to  the 
same,  and  as  it  is  of  the  first  importance  that  there  be  una- 
nimity of  action  among  the  people  of  California  in  reference  to 
the  great  leading  object — the  attempt  to  form  a  government  for 
ourselves — wo  recommend  to  our  fellow  citizens  of  Calif'irnia 
the  propriety,  under  the  existing  circumstances,  of  acceding  to 
the  time  and  place  mentioned  by  General  Riley  in  his  procla- 
mation, and  acceded  to  by  the  people  of  some  other  districts. 
The  committee  would  recommend  their  fellow  citizens  of  the 
district  of  San  Francisco  to  elect  five  delegates  to  the  conven- 
tion. And  they  can  not  but  express  the  opinion  that  their  fel- 
low citizens  of  the  two  great  mining  districts  of  Sacramento 
and  San  Joaquin  have  not  had  anything  like  justice  done  them, 
by  the  apportionment  of  General  Riley ;  that  they  are  justly  en- 
titled to  a  greater  proportion  of  delegates  to  the  convention 
than  the  number  mentioned  in  General  Riley's  proclamation; 
and  the  committee,  believing  tlieir  fellow  citizens  of  the  min- 
ing districts  to  have  equal  rights,  in  proportion  to  numbers, 
with  the  people  of  other  districts,  would  recommend  them  to 
elect  such  increased  number  of  delegates  as  they  in  their  judg- 
ment shall  think  just  and  right. 

Peter  II,  Burnett. 

•        '  William  D.  M.  Howard. 

Myron  Nortox. 

E.  Gori.D  Buffom. 

Edward  Gilbert. 
June  18,  1849. 


;  their  duty  or 
that  might  en- 
of  holding  the 
least  power,  as 
yr,  to  "  ajypoint " 
and  the  assern- 
are  subordinate, 
leting,  expressed 
•  General  Riley, 
11  accede  to  the 
it  there  be  una- 
a  in  reference  to 
1  government  for 
ms  of  California 
3,  of  acceding  to 
[ey  in  his  procla- 
e  other  districts, 
w  citizens  of  the 
es  to  the  conven- 
jon  that  their  fel- 
ts of  Sacramento 
nstice  done  them, 
hey  are  justly  en- 
;o  the  convention 
y's  proclamation; 
izens  of  the  min- 
rtion  to  numbers, 
commend  them  to 
they  in  their  judg- 

RURXETT. 

D.  M.  Howard. 

I^ORTON. 

BlTFFOM. 
GiLBKUT. 


SECOND  COMMUNICATION  TO  THE   "ALTA."        327 


EXTRACTS  FROM  MY  SECOND  COMMUNICATION  TO  THE 
"  ALTA  CALIFORNIA  " — GROUNDS  OF  GENERAL  RILEY's 
VIEWS  AS  TO  THE  RIGHT  OP  THE  PEOPLE  OF  CALIFOR- 
NIA   TO     ORGANIZE    A    PROVISIONAL    GOVERNMENT — 

GROUNDS    OF    THOSE  WHO  CLAIMED  THAT  EIGHT THE 

CONTROVERSY   MOST   FORTUNATE    FOR    CALIFORNIA 

ALL  THINGS  HAPPILY  TENDED  TO  PRODUCE  THE    MAIN 
RESULT    DESIRED  BY  US  ALL. 

About  the  5th  of  July  I  sent  a  communication  to 
the  "  Alta,"  which  appeared  in  the  number  of  July  12, 
1849.     The  following  are  extracts  : 

But  it  seems  from  a  late  communication  in  yonr  paper, 
under  the  signature  of  General  Riley,  that  new  instructions 
have  been  received,  which,  he  says,  sustain  the  views  expressed 
in  his  proclamation.  He  says :  "  It  may  not  be  improper  here 
to  remark  that  the  instructions  from  Washington,  received  by 
the  steamer  Panama  since  the  issuing  of  the  proclamation, 
fully  confirm  the  views  there  set  forth ;  and  it  is  distinctly  said 
in  these  instructions  that  '  the  plaii  of  establishing  an  indepen- 
dent government  in  California  can  not  he  sanctioned,  no  matter 
from  what  source  it  may  come.''  " 

If  these  instructions  do  confirm  the  views  of  the  proclama- 
tion, I  must  say  tliat  the  General  has  been  unfortunate  in  liia 
quotation.  Altliough  this  most  solemn  and  threatening  ex- 
tract from  th"^  instructions  is  put  in  italics  to  give  it  greater 
point,  and  introaaced  in  such  a  connection  as  to  be  endorsed  as 
true  by  General  Riley,  it  contains  nothing  that  touches  the  ques- 
tion, and  only  puts  forth  a  libel  upon  the  people  of  California. 
As  a  citizen  of  the  United  States,  attached  to  the  Government 
of  my  country  by  all  the  tics  of  duty,  kindred,  admiration,  and 
love,  as  a  citizen  of  California,  and  as  a  man,  I  must  express  my 
sincere  regret  and  mortification. 

AVhiit  is  meant  by  the  phrase  "independent  government"? 
Did  the  intelligent  officer  who  drew  up  these  instructions  mean 


\l 


hv 


i  I 


'>^ 


m 


If 


Ii 


S,||(, 


M 


\ 


328 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


i 


m 


to  say  tliat  a  mere  temporary  provisional  government,  merely 
regulating  our  domestic  affairs,  and  that  only  while  Congress 
neglected  and  refused  to  do  so  themselves — not  conflicting  with 
any  rights  of  the  General  Government,  not  absolving  the  inhab- 
itants from  their  allegiance  to  the  United  States,  not  declaring 
us  independent,  but  expressly  admitting  our  dependence  —  in 
short,  such  a  government  as  was  organized  by  the  people  of 
Oregon  and  sanctioned  by  the  home  Government — I  ask  in  can- 
dor, did  the  writer  mean  to  call  this  an  "independent  govern- 
ment "  that  could  not  be  sanctioned  ?  I  can  not  believe  it. 
The  writer  knows  too  well  the  use  of  terms.  What  is  an  "  in- 
dependent government"?  Undoubtedly  such  a  government  as 
was  proclaimed  by  the  Declaration  of  Independence,  which  de- 
clared the  colonies  to  be  "  free  and  independent  States,"  and 
the  people  to  be  absolved  from  all  allegiance  to  the  British 
Crown.  .  .  .  Now,  Mr.  Editoi-,  let  me  inquire  what  s»ingle  indi- 
vidual in  California,  not  to  speak  of  any  considerable  portion  of 
this  community,  ever  did  propose,  or  dream  of  proposing,  a 
"plan  of  establishing  an  independent  government  in  Califor- 
nia"? Is  it  true  that  such  a  plan  was  proposed?  If  so,  who 
proposed  it  ?    For  one,  I  am  not  informed  of  such  a  thing. 

The  idea  of  establishing  an  independent  government  here — 
thus  cutting  us  off  from  the  Union  and  from  all  protection  of 
the  mother  country,  and  erecting  a  mere  petty  state  to  be  the 
sport  and  play  of  all  the  great  powers  of  the  world,  that  might 
think  it  their  interest  or  whim  to  insult  and  plunder  us — cer- 
tainly never  was  contemplated  by  our  people  here.  Why,  then, 
are  vt^e  charged  with  such  an  absurd  and  criminal  attempt? 
Ilavci  the  authorities  at  Washington  been  deceived  as  to  the 
true  state  of  things  here  ?  IIow  have  they  come  to  be  so  mis- 
taken?    There  is  a  great  mistake  somewhere. 

Who  is  to  blame  we  can  not  tell.  All  we  know  with  unerr- 
ing certainty  is,  that  we  are  the  doomed  sufferers.  The  officers 
here  shelter  themselves  behind  the  impenetrable  shield  called 
"  instructions,"  and  the  authorities  at  home  are  ignorant  of  our 
condition.  Is  our  country  or  our  brethren  in  the  States  to  bo 
blamed  for  this ?  Certainly  not.  They  will  do  us  justice.  The 
time  is  coming  when  California  can  have  her  equal  station 


P 


1 


)NEER. 

vernraent,  merely 
ly  while  Congress 
jt  conflicting  with 
solving  the  inhab- 
ates,  not  declaring 
r  dependence  —  in 
a  by  the  people  of 
lent— I  ask  in  cnn- 
lependent  govern- 
jan  not  believe  it. 
What  is  an  "  in- 
h  a  government  as 
indence,  which  de- 
ndent  States,"  and 
nee  to  the  British 
re  what  single  indi- 
siderable  portion  of 
im  of  proposing,  a 
jrnment  in  Califor- 
posed  ?     If  80,  who 
)f  such  a  thing, 
government  here — 
)m  all  protection  of 
^etty  state  to  be  the 
'e  world,  that  might 
ad  plunder  us— cer- 
ohere.    Why,  then, 

I  criminal  attempt? 
deceived  as  to  the 

yr  come  to  be  so  mis- 

•e. 

re  know  with  unerr- 

iffcrers.    The  officers 

letrablo  shield  called 

e  are  ignorant  of  our 

n  in  the  States  to  be 

II  do  us  justice.    The 
vQ  her  equal  station 


GROUNDS  OF  GENERAL  RILEY'S  POSITION. 


329 


among  the  States  of  the  Union,  and  when  her  servants  can  bo 
heard,  and  her  voice  regarded.  P. 

An  editorial  in  the  "  Alta  "  for  July  19,  1849,  refers 
to  this  charge  as  follows  :  "  For  two  years  and  a  half 
that  we  have  resided  in  California,  we  have  never  heard 
the  idea  seriously  uttered,  that  California  should  become 
an  independent  government." 

The  denial  by  General  Riley  of  the  alleged  right  of 
the  people  of  California  to  form  a  temporary  provi- 
sional government  was  substantially  based  upon  these 
grounds  :  That,  under  the  law  of  nations,  the  civil  laws 
of  the  ceded  temtory  remain  in  force  until  superseded 
by  those  of  the  government  to  which  the  cession  \a 
made  ;  that,  as  Congress  possessed  the  sole  power  to 
legislate,  but,  had  passed  no  act  creating  a  territorial 
government  for  California,  the  civil  laws  of  Mexico  re- 
mained in  force  ;  that  one  of  the  provisions  of  thr:t  law 
was  that,  in  case  of  a  vacancy  in  the  office  of  Govf  rnor, 
the  military  commander  should  fill  the  office  for  the  time 
being  ;  that  there  was  such  a  vacancy  in  the  office  of 
Governor  of  California,  and  that  he.  General  Kiley,  was 
simply  ex  officio  Governor  ;  that,  in  point  of  fact,  the 
people  of  California  were  not  living  under  a  military 
government,  but  under  one  of  civil  law  ;  that,  in  his  ca- 
pacity of  civil  Governor,  he  administered  the  civil  law, 
as  any  other  Governor  would  be  bound  to  do  ;  that  the 
condition  of  the  people  of  California  was  not  similar 
to  that  of  the  people  of  Oregon  when  they  organized 
their  provisional  government,  as  they  were  without  any 
law  whatever,  while  we  had  a  code  of  civil  law  in  full 
force  ;  and  v.hat,  consequently,  the  assumed  exercise  of 
legislative  \  ower  by  the  body  calling  itself  the  Legis- 
lative Assembly  of  San  Francisco  was  a  usurpation  of 
powers  vested  solely  in  Congress. 


ijil 


ill 

,11. 


ill 

■    *    1 


p.i» 


I  m 

•  „  .■ 

I:, 

>  Mi'MJ 


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1 

1 

1 
f 
1 

IP 

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jliihi 

m 

11- 

1 

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i 

it 

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|-i| 

1  " 

M^ ' 

IL 

330 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


On  the  contrary,  our  claim  was  substantially  based 
upon  these  positions  :  That,  conceding  the  general  prin- 
ciple to  be  true,  that  under  the  law  of  nations  the  civil 
laws  of  the  ceded  territory  continue  in  force  until 
superseded  by  those  of  the  government  to  which  the 
cession  is  made,  still,  in  the  peculiar  case  of  California, 
the  Mexican  civil  law  had  been  so  superseded  ;  that,  the 
moment  the  treaty  took  effect,  the  Constitution  of  the 
United  States,  and  all  the  great  leading  principles  upon 
which  our  American  institutions  are  based,  were  at  once 
extended  over  the  acquired  territory  ;  that  the  power 
to  legislate  was  primarily  vested  in  Congress,  but  that, 
while  that  body  neglected  and  refused  to  exercise  such 
power,  it  was  no  usurpation  in  the  people  of  California 
to  exercise  it  temporarily,  and  in  strict  subordination  to 
the  admitted  right  of  Congress  ;  that  usurpation  of 
power  is  the  assumed  use  of  it  by  an  illegal  body,  when, 
at  the  same  time,  it  is  claimed  and  exercised  by  the 
rightful  authority  ;  that  under  the  theory  of  our  Gov- 
ernment the  executive  office  of  Governor  can  not  be 
filled  by  a  subordinate  military  officer,  as  the  two  ca- 
pacities are  incompatible  with  each  other  and  with  our 
American  theory  ;  that,  in  point  of  practical  effect,  the 
people  of  California  were  in  the  same  condition  as  had 
been  the  people  of  Oregon  ;  that  nine  tenths  of  the 
people  of  California  were  American  citizens,  lately  ar- 
rived from  the  States  east  of  the  Rocky  Mountains, 
wholly  unacquainted  with  the  civil  laws  of  Mexico,  and 
with  the  language  in  which  they  were  written  and  pub- 
lished ;  that,  such  being  the  case,  it  was  not  practical 
good  sense  or  justice  t  j  require  these  nine  tenths  of  the 
people  of  California  to  learn  the  laws  of  Mexico  for  the 
short  period  to  elapse  before  the  new  order  of  things 
was  morally  certain  to  take  place  ;  that  imposing  this 


l\\\ 


BEB. 

mtially  based 
general  prin- 
ions  the  civil 
1    force   until 
to  which  the 
of  California, 
led  ;  that,  the 
:itution  of  the 
irinciples  upon 
I,  were  at  once 
hat  the  power 
tress,  hut  that, 
)  exercise  such 
ie  of  California 
ihordination  to 
usurpation  of 
;al  hody,  when, 
cercised  by  the 
,ry  of  our  Gov- 
lor  can  not  be 
as  the  two  ca- 
jr  and  with  our 
3tical  effect,  the 
ondition  as  had 

tenths  of  the 
izens,  lately  ar- 
cky  Mountains, 

of  Mexico,  and 
written  and  pub- 
as  not  practical 
ne  tenths  of  the 

Mexico  for  the 

order  of  things 
at  imposing  this 


GROUNDS  OF  THE  OPPOSITE   POSITION. 


331 


v 


labor  and  confusion  upon  these  nine  tenths  would  not 
benefit  the  native  citizens  to  any  extent  whatever,  as 
they  would  still  have  to  learn  the  laws  of  the  new  State 
when  organized  ;  that,  as  at  least  nine  tenths  of  the 
ofiicers  charged  with  the  administration  of  Mexican  law 
would  be  Americans,  ignorant  of  the  law  they  were  re- 
quired to  administer,  and  without  time  to  learn  it,  the 
law  actually  enforced  would  be  an  inconsistent  mixture 
of  Mexican  and  American  law,  so  confused  as  not  to  be 
understood  ;  and  finally,  that  the  temporary  exercise  of 
legislative  power  by  the  people  of  California  was  based 
upon  the  original  and  natural  right  of  society  to  protect 
itself  by  law,  and  that  such  exercise  by  our  people  was 
in  no  true  sense  a  violation  of  the  law  of  nations  ;  but 
that  the  people  of  California  possessed  the  legal  and 
just  right  to  supersede  the  civil  laws  of  Mexico  in  force 
in  California  at  the  date  of  the  treaty,  and  that  this 
right  Mas  also  based  upon  the  theory  of  our  Ameri- 
can governments,  properly  extended  and  applied  to 
the  new  and  extraordinary  circumstances  of  our  con- 
dition. 

The  question  as  to  the  legal  and  just  right  of  the 
people  of  California,  under  all  the  circumstances  then 
existing,  to  form  for  themselves  a  temporary  govern- 
ment, was  one  admitting  of  discussion  and  difference  of 
opinion.  Among  the  lawyers  then  in  California,  who 
had  been  hero  loi^of  enough  to  understand  the  true  mer- 
its of  the  coutroversj .  there  was  almost  an  entire  una- 
nimity in  the  opinion  vhat  only  a  de  facto  government 
could  txist  in  the  country,  based  upon  the  consent  of 
the  people.  This  was  the  view  of  three  fourths  of  the 
inh?,bitants.  It  seems  clear  that  this  was  the  view  of 
President  Polk  and  Mr.  Secretary  Buchanan.  But  it 
seems  equally  clear  that  President  Taylor  and  the  Sec- 


I 


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RECOLLECTIONS  OF  AN  OLD  PIONEER. 


retaries  of  State  and  of  War  under  him  entertained  tbe 
opposite  view. 

Bit,  aside  from  the  true  merits  of  the  controversy, 
it  was  most  fortunate  for  California  that  it  arose,  for  it 
resulted  in  the  early  formation  of  the  State  government, 
and  thus  settled  the  question  in  a  manner  most  satisfac- 
tory to  us  all.  Had  General  Riley  conceded  the  right 
of  the  people  of  California  to  organize  a  provisional 
government  for  themselves,  then  they  would  most  prob- 
ably have  been  content  with  their  condition  for  some 
time  to  come  ;  and,  had  the  people  quietly  submitted  to 
his  government,  the  organization  of  the  State  would 
have  been,  most  likely,  delayed  for  an  indefinite  time. 
The  slave  and  free  States  then  had  an  equal  represenia- 
tion  in  the  Senate  of  the  United  States,  and  no  act  for 
a  territorial  organization,  and  none  authorizing  the  peo- 
ple of  California  to  form  a  State  constitution,  could 
have  been  passed  by  Congress. 

All  things  happily  combined  to  bring  about  the  re- 
sult we  all  so  much  desired.  The  people  had  suffered 
so  much  from  the  bad  administration  of  laws  unknown 
to  them,  and  were  bo  unused  to  live  under  what  they 
held  to  be  a  military  government,  that,  in  San  Fran- 
cisco especially,  they  were  deeply  and  grievously  excited. 
So  soon  as  I  became  a  member  of  the  Legislative  As- 
sembly of  San  Francisco,  my  ardent  efforts  were  mainly 
directed  toward  the  formation  of  a  State  constitution, 
as  the  only  safe  and  peaceful  mode  of  settling  the  ques- 
tion. So  far  as  I  and  a  large  majority  of  that  body 
were  concerned,  we  were  opposed  to  any  and  all  forcible 
conflicts  with  General  Riley's  government.  While  we 
were  satisfied  that  our  position  was  right,  we  preferred 
patient  and  peaceful  means  to  attain  a  satisfactory  solu- 
tion of  the  difficulty.     The  resolutions  passed  at  the 


ER. 
tertained  tbe 

controversy, 
i  arose,  for  it 
!  government, 
most  satisf  ac- 
ded  the  right 

a  provisional 
iild  most  prob- 
Ltion  for  some 
y  submitted  to 
e  State  would 
ndefinite  time, 
ual  represetiia- 

and  no  act  for 
M-izing  the  peo- 
stitution,  could 

g  about  the  re- 
)le  had  sufEered 
E  laws  unknown 
nder  what  they 
It,  in  San  Fran- 
ievously  excited. 
Legislative  As- 
orts  were  mainly 
^ate  constitution, 
settling  the  quos- 
ity  of  that  body 
ly  and  all  forcible 
ment.    While  we 
ght,  we  preferred 
."satisfactory  solu- 
)n8  passed  at  the 


GENERAL  RENNET  RILEY. 


333 


large  and  enthusiastic  meeting  in  San  Francisco  on  June 
12,  1849,  were  prepared  in  advance,  and  after  full  con- 
sultation, and  with  a  view  to  secure  ultimate  unanimity. 
We  had  our  doubts  whether  the  people  would,  under 
the  then  excited  state  of  public  feeling  against  the  rule 
of  General  Riley,  sanction  at  once  the  times  appointed 
by  him,  and  we  therefore  thought  it  best  to  have  a  com- 
mittee of  five  appointed  to  fix  the  times  for  the  election 
of  delegates,  and  for  the  assembling  of  the  convention, 
and  to  designate  the  number  of  delegates  from  San 
Francisco.  This  would  give  us  an  opportunity  to  con- 
sult the  people  of  other  districts,  and  allow  time  for  the 
excitement  to  cool  in  this  city,  which  had  been  so  long 
and  so  grievously  misgoverned.  Our  committee,  most 
likely,  had  the  power  to  defeat  General  Riley's  procla- 
mation by  recommending  other  days,  but  we  were 
not  governed  by  feelings  of  opposition  or  of  revenge. 
We  all  agreed  as  to  the  main  purpose,  and  our  com- 
mittee determined  not  to  disagree  about  subordinate 
matters.  .   ; 

There  was  not  the  slightest  ground  for  the  charge 
that  the  people  of  California  desired  to  establish  an 
independent  government ;  and  I  can  only  believe  that 
it  was  made  through  mistaken  information,  based  solely 
on  suspicion  in  che  minds  of  General  Riley's  informants. 
I  knew  that  old  and  tried  soldier  in  Missouri,  years  be- 
fore either  of  us  came  to  California,  and  had  always 
entertained  for  him  the  greatest  respect.  I  bear  a  will- 
ing testimony  to  his  integrity  and  patriotism.  I  after- 
ward met  him  in  September,  1849,  at  Monterey  during 
the  sitting  of  the  Convention,  and  had  several  friendly 
interviews  with  him.  In  one  of  these  he  said  to  me 
very  frankly  :  "  Burnett,  you  may  be  correct  in  your 
views  in  regard  to  the  legal  right  of  the  people  of  Cali- 


■  S\ 


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RECOLLECTIONS  OF  AN  OLD  PIONEER. 

fomia  to  form  a  provisional  government.  I  am  no  law- 
yer, but  only  a  soldier,  and  I  know  how  to  obey  orders  ; 
and,  when  my  superior  officer  commands  me  to  do  a 
thing,  I  am  going  to  do  it."  There  was  no  occasion  to 
argue  against  this  conclusion  ;  and,  had  there  been  such 
an  occasion,  it  would  have  been  idle  to  contest  the 
determination  of  that  honest  and  brave  old  man. 


BETURN    TO     SACRAMENTO    CITY  —  ITS    RAPID     IMPROVE- 
MENT— JA3IES   S.    THOMAS. 

About  the  3d  of  July,  1849, 1  was  informed  that 
John  A.  Sutter,  Jr.,  had  rcconveyed  the  property  to  his 
father,  and  that  the  latter  had  selected  another  person 
as  his  agent.  On  the  5th  I  left  San  Francisco  for  Sacra- 
mento, and  arrived  at  the  latter  place  on  the  evening 
of  the  11th.  During  my  absence  of  six  weeks  the  pop- 
ulation of  Sacramento  had  greatly  increased  ;  and,  al- 
though there  was  not  a  single  brick  and  but  few  wooden 
houses  in  the  city,  it  had  become  an  active  business 
place,  teeming  with  people,  who  mainly  lived  and  did 
business  in  canvas  tents  and  cloth  shanties. 

My  friend  Dr.  William  M.  Carpenter  had  just  fin- 
ished a  cloth  shanty  on  his  lot  at  the  corner  of  Second 
and  K  Streets.  It  was  twenty  feet  long  and  twelve 
wide,  with  a  cloth  partition  in  the  center.  In  the  rear 
room  he  kept  his  office  and  medicines,  and  I  had  my 
office  in  the  front  apartment.  The  shanty  was  con- 
structed by  putting  up  six  strong  posts,  made  from  the 
trunks  of  small  trees,  and  flattened  on  two  sides  with 
an  axe,  one  of  which  was  put  at  each  comer,  and  one 
in  each  center  of  the  two  ends  of  the  structure.  Be- 
tween these  posts  were  placed  smaller  posts  flattened  on 
one  ■  'de,  and  placed  some  two  feet  apart,  and  on  the 


:er. 

I  am  no  law- 
obey  orders  ; 
me  to  do  a 
lO  occasion  to 
ere  been  such 
contest  the 
d  man. 

PID     IMrROVE- 

informed  that 
property  to  his 
another  person 
3isco  for  Sacra- 
)n  the  evening 
weeks  the  pop- 
eased  ;  and,  al- 
but  few  wooden 
active  business 
y  lived  and  did 

ies. 

er  had  just  fin- 
jrner  of  Second 
ong  and  twelve 
er.     In  the  rear 
,  and  I  had  my 
shanty  was  con- 
1,  made  from  the 
two  sides  with 
L  corner,  and  one 
i  structure.     Be- 
)08t8  flattened  on 
part,  and  on  the 


JAMES  S.  THOMAS. 


335 


tops  of  these  posts  were  placed  flattened  pieces  of  tim- 
ber, extending  along  each  side  of  the  shanty,  and  se- 
curely nailed  into  the  tops  of  the  posts,  the  lower  ends 
of  which  were  well  let  into  th(}  ground.  On  the  tops 
of  the  two  higher  posts  in  the  centers  of  the  ends  was 
placed  a  ridge-pole,  nailed  with  large  nails  ;  and  from 
this  ribs  about  two  feet  apart  were  extended  to  the 
sides.  The  whole  frame  was  then  covered  with  yard- 
wide  brown  cotton  cloth,  tacked  on  with  cut  tacks. 
The  floor  was  the  earth  made  smooth,  and  my  writing- 
table  was  a  large  empty  dry-goods  box. 

I  was  very  busily  engaged  until  July  24th  in  mak- 
ing an  amicable  settlement  with  Captain  Sutter.  The 
weather  was  very  warm,  and  our  thin  cotton  covering 
afforded  very  imperfect  protection  against  the  scorch- 
ing rays  of  a  midsummer  sun. 

About  the  last  of  July  the  immigrants  across  the 
Plains  began  to  arrive,  and  among  theiii  was  James  S. 
Thomas,  from  Platte  City,  Missouri.  I  had  known  him 
for  about  three  years  before  I  left  that  State  for  Ore- 
gon in  the  spring  of  181:3.  lie  was  then  a  poor  young 
lawyer  of  admirable  character,  and  was  most  highly 
esteemed  by  all  who  knew  him.  lie  was  a  tall,  thin, 
spare  man.  I  had  not  seen  him  for  more  than  six  years, 
and  in  the  mean  titne  his  appearance  had  so  changed 
that  I  did  not  at  first  recognize  him.  I  was  very  busily 
employed  writing  in  my  oflice  about  8  o'clock  one  morn- 
ing, when  I  observed  some  tall  person  standing  before 
me.  I  raised  my  eyes  and  looked  at  him,  but  he  said 
nothing,  and  I  continued  my  writing.  Several  minutes 
passed,  and  he  still  remained  silent.  1  raised  my  eyes 
and  looked  at  him  the  Becond  time,  when  I  was  greeted 
with  a  kind  laugh,  and  then  I  recognised  him.  Our 
meeting  was  most  cordial.     Said  I :  "  Sit  down  and  I 


I 


«    ,': 


m 


liM' 


336 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


!!11'[l:I|!I 


1^ 


'lii! 


t    111     : 


will  give  you  half  an  hour's  time.  That  is  all  I  can 
spare  you  now." 

I  at  once  inquired  the  time  of  his  arrival,  and  he 
informed  me  that  it  was  the  previous  evening.  He  said 
he  was  very  anxious  to  be  at  work.  I  at  once  asked 
him  what  he  had,  and  he  replied  some  mules  and  a 
wagon.  I  said  :  "  Go  sell  everything  and  then  come  to 
me,  and  I  will  do  the  best  I  can  for  you."  That  day 
he  sold  everything,  and  came  to  my  office  next  morn- 
ing. I  said  to  him  :  "  We  are  to  elect  a  magistrate 
to-morrow,  and  I  will  attend  a  meeting  of  citizens  called 
for  this  evening  to  make  a  nomination,  and  will  procure 
your  selection  if  I  can.  In  case  you  are  selected,  my 
brother-in-law,  John  P.  Rogers,  my  son,  D.  J.  Burnett, 
and  myself  will  close  our  office,  and  give  you  one  day's 
electioneering." 

I  attended  the  meeting,  and  made  an  earnest,  vigor- 
ous speech  for  Thomas,  and  he  received  the  nomination. 
Next  day  we  had  a  warm  contest  at  the  polls,  as  his 
competitor  was  well  known  in  the  city.  Many  objected 
to  Thomas  upon  the  ground  of  his  profession.  To  this 
objection  I  replied  that,  while  I  had  nothing  to  say  in 
defense  of  lawyers  as  a  class,  I  would  say  that  Thomas 
was  among  the  best  of  his  profession.  He  was  elected, 
and  I  then  said  to  him  :  "  Take  the  official  oath  as  early 
as  you  can,  and  then  como  to  mo  and  I  will  give  you 
something  to  do."  The  next  day  the  result  was  de- 
clared, and  he  took  the  necessary  oath,  and  came  to  my 
office  in  the  evening  ;  and  I  told  him  to  be  at  the  office 
next  morning  at  sunrise. 

An  auctioneer  named  Scovey  had  been  sent  from 
San  Francisco  to  Sacramento  City  a  few  days  previous- 
ly to  sell  several  Sacramento  City  lots,  in  subdivisions, 
to  the  highest  bidder  for  cash.     He  had  completed  the 


I II 


R. 


SWARTZ'S  MELONS. 


337 


is  all  I  can 

val,  and  he 
g.    He  said 

once  asked 

lules  and  a 

hen  come  to 

That  day 

next  mom- 
a  magistrate 
itizens  called 

will  procure 

selected,  my 

).  J.  Burnett, 

{on  one  day's 

arnest,  vigor- 
0  nomination, 
polls,  as  his 
lany  objected 
sion.     To  this 
bing  to  say  in 
f  that  Thomas 
[e  was  elected, 
,1  oath  as  early 
will  give  you 
•esult  was  dc- 
id  came  to  my 
36  at  the  office 

eon  sent  from 

days  previous- 

n  subdivisions, 

completed  the 


sale,  and  then  came  to  me  to  draw  up  the  deeds.  There 
were  from  twenty  to  thirty  deeds  to  be  written  out  (there 
being  then  no  printed  blanks),  for  which  I  was  to  be 
paid  ten  dollars  each.  A  full  list  of  the  property  sold, 
with  names  of  the  purchasers  and  prices  paid,  was  fur- 
nished by  Scovey.  I  told  Thomas  that  we  would  each 
write  as  many  deeds  as  we  could,  and  each  receive  pay 
for  those  he  wrote  ;  and  that,  in  addition,  he  could  write 
out  and  take  the  acknowledgments,  the  fee  for  each  be- 
ing two  dollars  and  a  half. 

On  the  morning  appointed  he  was  promptly  on  hand 
at  sunrise,  and  we  commenced  our  work  with  a  will.  I 
never  saw  a  poor  lawyer  work  with  more  zeal.  It  was 
truly  amusing  to  see  him  wield  that  pen.  To  use  a 
cant  but  expressive  phrase,  "  I  did  my  level  best,"  and 
so  did  he.  From  sunrise  to  sunset  we  scarcely  lost  a 
moment,  except  at  twelve  to  take  a  hasty  lunch.  That 
day  Thomas  made  more  than  one  hundred  dollars,  and 
that  was  his  beginning  in  California. 

When  I  arrived  at  Sacramento  City,  I  found  melons 
in  market.  An  old  man  of  the  name  of  Swartz  culti- 
vated several  acres  in  melons  that  year,  on  the  west 
bank  of  the  Sacramento  River,  at  a  point  some  five 
miles  below  the  city.  These  melons  he  sold  readily  at 
from  one  to  three  dollars  each,  according  to  size.  From 
the  sale  of  melons  he  realized  that  year  some  thirty 
thousand  dollars,  i  mention  these  cases  as  illustrative 
of  those  times.  Such  times,  I  think,  were  never  seen 
before,  and  will  hardly  be  seen  again. 

I  have  seen  a  whole  community,  for  a  time,  substan- 
tially living  under  the  theory  of  an  equal  division  of 
property.  In  California,  during  the  years  1848  and 
1849,  all  men  had  about  an  even  start,  and  all  grew 
comparatively  rich.     At  least,  they  were  all  eqnrdly  se- 


I  \ 


:M 


(' 


i 


If 

i 


"W" 


838 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


cure  of  a  good  living,  except  those  who  were  unable  to 
work.  But  within  a  year  or  two  thereafter  the  usual 
inequalities  in  the  financial  conditions  of  men  began  to 
appear.  Nothing  more  clearly  and  concisely  shows  what 
would  be  the  legitimate  result  of  communism,  than  the 
replies  of  a  witty  Irishman,  who  was  ironically  advocat- 
ing an  equal  and  forcible  division  of  property  among 
men.  "  But  what  would  you  do,  Patrick,  Avith  your 
share  ?  "  "  Faith,"  said  he,  "  I  would  live  like  a  prince." 
"  But  you  would  soon  spend  it  all,  and  then  what  Avould 
you  do  ?  "    "  And  faith,  I  would  go  for  another  division." 


!|. 


!;  ■! 


APPOIXTED  TO  A  SEAT  IN  THE  SUPERIOR  TR1HUNAL — 
SICKNESS  OP  ONE  OF  MY  DAUGHTERS — REMOVE  TO 
SAN  JOSE — ADMINISTRATION  OF  JUSTICE  IN  CALIFOR- 
NIA  DURING    1849 — STATE    OF  SOCIETY — THE    QUACK. 

I  left  Sacramento  City  on  my  return  to  San  Fran- 
cisco on  the  lUl  of  August,  1849,  and  arrived  in  the  lat- 
ter city  about  the  10th.  During  my  absence  of  some 
five  weeks,  many  stirring  events  had  transi)ired  in  San 
Francisco. 

On  the  10th  of  July,  Francis  J.  Lippitt,  Esq.,  Speak- 
er of  the  Legislative  Assembly  of  the  district  of  San 
Francisco,  resigned  his  seat.  A  vote  of  the  people  had 
been  taken  as  to  whether  that  body  should  continue  to 
act.  The  aflirmative  vote  was  107,  the  negative,  7.  The 
Bmallness  of  the  vote  polled  ju'oved  conclusively  that  a 
large  majority  of  the  people  did  not  deem  it  necessary 
to  vote  at  all.  The  fact  that  General  Tliley  had  sub- 
Btantially  allowed  the  people  to  choose  tlieir  own  oflicers, 
and  especially  the  certain  prospect  that  the  convention 
would  soon  meet  and  form  a  State  constitution,  and 
thus  give  us  all  the  relief  we  asked,  satisfied  the  good 


n  h 


APPOINTED  JUDGE  IN    THE  SUPERIOR  TRIBINAL.  339 

sense  of  our  people  that  no  further  controversy  was 
proper  or  desirable.  Thus  the  Legislative  Assembly  of 
the  district  of  San  Francisco  came  to  an  end.  ("  Alta," 
July  12  and  19,  1849.) 

On  Sunday  night,  July  I4th,  the  "  Hounds  "  attacked 
and  robbed  several  Chilian  tents  in  San  Francisco.  As 
this  occurred  during  my  absence  at  Sacramento  City, 
I  can  give  no  account  of  it  from  my  own  knowledge, 
but  must  refer  to  the  "  Alta  "  of  August  4th  and  suc- 
ceeding numbers  for  a  full  account  of  that  most  daring 
crime. 

Upon  my  return  to  San  Francisco,  I  found  that  dur- 
ing my  absence,  and  without  my  knowledge,  my  name 
had  been  used  as  a  candidate  for  a  seat  in  the  Superior 
Tribunal,  and  that  I  had  received  1,298  votes,  and  Mr. 
Dimmick  212.  My  commission  is  in  the  words  and 
figures  following : 

Know  all  men  by  these  Presents,  that  I,  Bonnet  Riley,  Bre- 
vet Brigadier  General  U.  S.  Army,  and  Governor  of  California, 
by  virtue  of  authority  in  me  vested,  do  hereby  appoint  and 
commission  Peter  II.  Burnett  Judfjo  or  Minister  of  the  Snperior 
Tribunal  of  California,  to  date  from  the  Ist  day  of  August,  1849. 
.  — ' —  .  Given  under  my  hand  and  seal  at  Monterey,  Cali- 

\  ^^^-  (        fornia,  this  13th  day  of  August,  a.  v.  1849. 

B.  Riley, 
Bt.  Brigd.  Gcnl.  U.  S.  A.,  and  Governor  of  California. 
Official. 
H.  W.  IIau.kck, 

Bt.  Capt.  and  Secty.  of  State. 

Before  my  family  left  Oregon  in  May,  my  eldest 
daughter,  then  sixteen,  was  attacked  with  what  her  phy- 
sician afterward  decided  to  be  consumption.  The  voy- 
age by  sea  gave  her  temporary  relief,  but  the  cold 
winds  of  San  Francisco  soon  increased  the  serious  char- 


m 


n 

nil 

i 


m 


» 

I* 


iK 


1  ^' ' 

1   ' 

^ 

p\ 

PI        '' 

Mil 

ll 


340 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


acter  of  the  case.  When  I  returned  from  Sacramento 
City,  I  found  her  very  ill.  Iler  physician  told  me  very 
frankly  that  he  could  do  no  more  for  her,  as  she  was  in 
the  last  stage  of  consumption. 

I  at  once  determined  that  she  should  take  no  more 
medicine,  and  should  at  least  die  in  peace.  I  remem- 
bered that  our  physician  in  Missouri,  Dr.  Ware  S.  May, 
had  told  me  that  patients  were  sometimes  starved  to 
death,  and  that  he  had  known  of  such  cases.  Mr.  Moffat, 
an  assayer  of  San  Francisco,  mentioned  to  me  a  case 
within  his  own  knowledge,  where  the  life  of  the  patient 
was  saved  by  eating  a  little  beefsteak.  The  medicines 
taken  by  my  daughter  had  so  deranged  the  tone  of  her 
stomach  that  she  could  retain  nothing  that  she  ate,  and 
had  not  the  least  appetite,  but  a  great  aversion  for  food 
of  every  kind.  I  persuaded  her  to  eat  a  mouthful  of 
broiled  steak,  which  she  at  once  threw  up  ;  but  I  imme- 
diately urged  her  to  try  again,  and  this  morsel  she  was 
able  to  retain.  From  that  time  she  rapidly  improved. 
Believing  that  the  climate  of  San  Francisco  was  inju- 
rious to  her  health,  I  decided  to  leave  the  city.  I  could 
only  then  go  to  Sacramento  City  or  to  San  Jose.  In 
the  former  place  I  could  procure  no  shelter  except  a 
canvas  tent  or  a  cloth  shanty  ;  so  I  went  to  San  Jose 
for  the  first  time  about  the  20th  of  August,  and  pur- 
chased a  house  and  lot  in  that  city.  On  the  28th  my 
daughter  had  so  far  recovered  that  she  could  endure 
the  trip,  and  we  arrived  in  San  Jose  the  next  day.  In 
two  months  she  wut  well.  She  was  married  in  January, 
1851,  is  still  living,  and  is  the  mother  of  several  living 
children. 

As  illustrative  of  those  times,  I  will  relate  two  occur- 
rences. 

I  employed  a  man  named  Wistman,  with  a  large 


Sacramento 
old  me  very 
3  she  was  in 

ike  no  more 

I  remem- 

^are  S.  May, 

!S  starved  to 

Mr.  Moffat, 
to  me  a  case 
)f  the  patient 
'he  medicines 
e  tone  of  her 
t  she  ate,  and 
rsion  for  food 
I  mouthful  of 
;  but  I  imrae- 
lorsel  she  was 
dly  improved, 
isco  was  inju- 

city.  I  could 
San  Jose.  In 
elter  except  a 
It  to  San  Jos6 
gust,  and  pur- 
1  the  28th  my 
J  could  endure 

next  day.  In 
led  in  January, 
■  several  living 

slate  two  occur- 

1,  with  a  large 


INCIDENTS  ILLUSTRATIVE  OP  THE  TIMES. 


34  L 


I' 


spring-wagon,  to  remove  us  to  San  Jose,  for  which  ser- 
vice I  paid  him  one  hundred  and  fifty  dollars.  It  took 
him  two  days. 

I  was  the  owner  of  a  number  of  lots  in  Sacramento 
City ;  and  one  day  in  August  a  gentleman  of  my  ac- 
quaintance came  to  my  little  office  in  San  Francisco,  and 

said  to  me  :  "  Mr. and  myself  will  give  you  fifty 

thousand  dollars  in  gold-dust  for  one  undivided  half  of 
your  Sacramento  City  property — one  half  cash,  and  the 
other  half  by  the  first  of  January  next ;  and  we  want 
an  answer  by  ten  to-morrow  morning."  I  promptly  re- 
plied that  I  would  give  an  answer  at  the  time  mentioned. 
I  at  once  consulted  Mrs.  Burnett,  and  we  decided  that 
we  would  accept  the  offer,  with  certain  reservations. 
Next  morning  the  gentleman  was  at  my  office  at  the 
precise  hour  for  an  answer.  I  told  him  I  would  accept 
the  offer,  with  the  exception  of  a  few  lots  that  I  men- 
tioned. Heat  once  replied,  "All  right."  There  hap- 
pened to  be  present  a  mutual  friend  from  Sacramento 
City,  a  man  about  fifty  years  of  age ;  and  this  gentle- 
man at  once  rose  from  his  seat,  and,  seizing  the  hand  of 
the  first  gentleman,  he  warmly  congratulated  him  upon 
the  splendid  purchase  he  and  his  partner  had  made,  say- 
ing there  was  a  large  fortune  in  the  property.  During 
this  long-continued  burst  of  enthusiasm  I  sat  perfectly 
quiet ;  but,  so  soon  as  I  could  be  heard,  I  said  :  "  Gen- 
tlemen, I  am  glad  to  learn  that  I  am  a  much  richer  man 
than  I  supposed  I  was.  If  these  gentlemen  can  make  a 
fortune  out  of  the  undivided  half  they  have  purchased, 
what  do  you  think  I  can  make  out  of  my  half,  and  the 
fifty  thousand  dollars  to  begin  with?"  This  view  of 
the  case  rather  cooled  their  enthusiasm. 

During  the  year  1848  there  were  very  few,  if  any, 
thefts  committed  in  California.      The  honest  miners 


r 

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342 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


kept  their  sacks  of  gold-dust  in  their  tents,  without  fear 
of  loss.  Men  were  then  too  well  off  to  steal.  Toward 
the  close  of  that  year  some  few  murders  and  robberies 
were  committed.  But  in  1849  crimes  multiplied  rapid- 
ly. The  immigrants  from  Australia  consisted  in  part 
of  very  bad  characters,  called  "  Sydney  Ducks."  These 
men  soon  began  to  steal  gold-dust  from  the  miners,  and 
the  latter  showed  them  no  mercy.  In  most  mining 
camps  they  had  an  alcalde,  whose  decisions  were  prompt 
and  IJnal,  and  whose  punishments  were  severe  and  most 
rigidly  inflicted. 

On  one  occasion,  in  the  fall  of  1849,  a  tall,  handsome 
young  fellow,  dressed  in  a  suit  of  fine  broadcloth,  and 
mounted  upon  a  splendid  horse,  stole  a  purse  of  gold- 
dust  from  an  honest  miner,  and  fled  from  the  camp. 
The  thief  took  the  plain  wagon-road  that  led  around  a 
tall  mountain,  while  his  pursuers  took  a  shorter  route 
across,  reached  a  mining  camp  where  there  was  an  al- 
calde in  advance  of  the  thief,  and  quietly  awaited  his 
arrival.  In  due  time  the  thief  appeared,  mounted  upon 
his  splendid  steed,  and  was  at  once  arrested,  and  prompt- 
ly tried  before  the  alcalde.  After  hearing  all  the  testi- 
mony, the  alcalde  said  to  the  prisoner :  "  The  Court 
thinks  it  right  that  you  should  return  that  purse  of 
gold  to  its  owner."  To  this  the  culprit  readily  assented, 
and  handed  over  the  purse.  The  alcalde  then  informed 
him  that  the  Court  also  thought  he  ought  to  pay  the 
costs  of  the  proceedings.  To  this  the  culprit  made  not 
the  slightest  objection  (thinking  he  was  very  fortunate  to 
escape  so  easily),  but  inquired  the  amount  of  the  costs. 
The  alcalde  informed  hira  that  the  costs  amounted  to 
two  ounces  of  gold-dust.  This  the  prisoner  cheerfully 
paid.  "  Now,"  said  the  alcalde,  "  there  is  another  part 
of  the  sentence  of  this  Court  that  has  not  been  men- 


P. 


fEER. 

8,  without  fear 
teal.     Toward 
1  and  robberies 
iltiplied  rapid- 
isisted  in  part 
>ucks."    These 
the  miners,  and 
1  most  mining 
ns  were  prompt 
levere  and  most 

I  tall,  handsome 
broadcloth,  and 
I  purse  of  gold- 
from  the  camp, 
lat  led  around  a 
a  shorter  route 
there  was  an  al- 
ietly  awaited  his 
d,  mounted  upon 
ited,  and  prompt- 
iring  all  the  testi- 
ler:  "The  Court 
irn  that  purse  of 
t  readily  assented, 
Ide  then  informed 
ought  to  pay  the 
3  culprit  made  not 
,s  very  fortunate  to 
loimt  of  the  costs, 
costs  amounted  to 
prisoner  cheerfully 
ere  is  another  part 
das  not  been  men- 


ADMINISTRATION  OF  JUSTICE  IN   1849. 


343 


tioned  yet ;  and  that  is,  that  you  receive  thirty-nine 
lashes  on  your  bare  back,  well  laid  on."  The  punish- 
ment was  promptly  inflicted,  and,  of  course,  the  trans- 
gressor thought  his  way  haid.  He  could  only  boast 
that  he  was  "  whipped  and  cleared."  * 

In  the  fall  of  1849  William  B.  Almond,  then  late  of 
Missouri,  became  the  Judge  of  the  Court  of  First  In- 
stance, in  civil  cases,  for  the  district  of  San  Francisco. 
There  are  proper  times  and  places  for  all  proper  things  ; 
and  no  sensible  man  would  approve  of  Yankee  Doodle 
at  a  funeral  or  of  Old  Hundred  at  a  ball.  There  are 
right  things  to  be  done,  and  proper  modes  of  doing 
them.  Judge  Almond  was  a  man  of  fair  legal  attain- 
ments, and  had  been  one  of  the  early  settlers  of  the 
Platte  Purchase  in  Missouri,  and  he  well  comprehended 
the  situation  of  California.  Perhaps  substantial  justice 
was  never  so  promptly  administered  anywhere  as  it  was 
by  him  in  San  Francisco.  His  Court  was  thronged 
with  cases,  and  he  knew  that  delay  would  be  ruin  to 
the  parties,  and  a  complete  practical  denial  of  justice. 
He  saw  that  more  than  one  half  the  witnesses  were  fresh 
arrivals,  on  their  way  to  the  mines,  and  that  they  were 
too  eager  to  see  the  regions  of  gold  to  be  detained  more 
than  two  or  three  days.  Besides,  the  ordinary  wages  of 
common  laborers  were  twelve  dollars  a  day,  and  parties 
could  not  afford  to  pay  their  witnesses  enough  to  induce 
them  to  remain  ;  and,  once  in  the  mines,  no  depositions 
could  be  taken,  and  no  witness  induced  to  return. 

*  The  origin  of  tliis  phrase  was  as  follows :  In  the  early  days  of 

Missouri,  Thomas  was  arrested,  indicted,  tried,  and  convicted 

of  grand  larceny  in  stealing  a  horse,  and  was  sentenced  by  the  Court 
to  receive  thirty-nine  lashes  on  his  bare  back.  After  he  was  whipped 
and  discharged,  he  met  an  acquaintance  who  inquired  how  he  came 
out.     He  promptly  replied :  "  B'irst-rate.    Whipped  and  cleared." 


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344 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


i.i'r- 


Ai 


lie  accordingly  allowed  each  lawyer  appearing  be- 
fore him  to  speak  five  minutes,  and  no  more.  If  a  law- 
yer insisted  upon  further  time,  the  Judge  would  good- 
humoredly  say  that  he  would  allow  the  additional  time 
upon  condition  that  the  Court  should  decide  the  case 
against  his  client.  Of  course,  the  attorney  submitted 
the  ease  upon  his  speech  of  five  minutes.  At  first  the 
members  of  the  bar  were  much  displeased  with  this 
concise  and  summary  administration  of  justice  ;  but  in 
due  time  they  saw  it  was  the  only  sensible,  practical, 
and  just  mode  of  conducting  judicial  proceedings  under 
the  then  extraordinary  condition  of  society  in  Califor- 
nia. They  found  that,  while  Judge  Almond  made  mis- 
takes of  law  as  well  as  other  judges,  his  decisions  were 
generally  correct  and  always  prompt ;  and  that  their 
clients  had,  at  least,  no  reason  to  complain  of  "  the  law's 
most  villainous  delay."  Parties  litigant  obtained  deci- 
sions at  once,  and  were  let  go  on  their  way  to  the 
mines. 

The  state  of  society  in  California  in  1849  was  indeed 
extraordinary.  There  were  so  few  families,  so  few  old 
men,  and  so  many  young  and  middle-aged  adventurers, 
all  so  eager  in  search  of  riches,  that  a  state  of  things 
then  existed  which  perhaps  has  no  parallel.  Young 
men  just  from  college,  arriving  in  San  Francisco,  and 
never  having  been  accustomed  to  manual  labor,  would 
hire  themselves  out  as  porters,  journeymen  carpenters, 
and  draymen.  One  young  man,  who  barely  knew  how 
to  use  a  hand-saw  well,  hired  himself  to  a  boss  carpen- 
ter. After  working  a  day  or  two,  he  was  paid  off  and 
discharged,  and  then  went  to  another  and  another,  re- 
peating the  same  trick.  When  all  were  strangers  to 
each  other,  all  stood  upon  the  same  basis  as  to  character 
and  qualifications. 


THE  QUACK. 


345 


As  illustrative  of  those  times,  I  will  relate  be  follow- 
ing incident : 

Before   leaving  Weston,   Missouri,  for   Oregon,  in 

May,  1843,  I  was  well  acquainted  with  Thomas . 

He  was  then  about  thirty  years  of  age,  was  of  poor 
but  honest  parentage,  could  scarcely  read  or  write,  and 
had  then  never  worn  any  but  homespun  clothv^s.  He 
was  a  very  skillful  ox-driver  and  a  good  fiddler,  and 
this  was  the  extent  of  his  capacity.  Because  of  his  skill 
in  managing  oxen,  I  employed  him  to  drive  one  of  my 
teams  for  a  day  or  two,  until  my  oxen  were  trained. 

I  left  him  in  Missouri  in  1843  ;  but,  when  T  arrived 
at  Sutter's  Fort  in  December,  1848, 1  found  him  and  his 
family  residing  in  the  vicinity.  His  wife  was  a  plain, 
good,  domestic  woman,  and  Tom  himself  was  considered 
a  clever  fellow,  in  the  American  sense  of  that  term. 
During  the  early  spring  of  1849  I  sold  him  several  lots 
in  Sacramento  City,  upon  the  resale  of  which  in  the  fall 
of  that  year  he  realized  a  net  profit  of  twenty-five  thou- 
sand dollars.  Flushed  with  this  sudden  and  extraordi- 
nary success,  he  dressed  himself  in  the  finest  suit  of 
clothes  he  could  procure.  He  possessed  a  tall,  straight, 
trim  figure,  and  when  thus  attired  was  a  very  handsome 
man.  Taking  advantage  of  the  circumstances,  he  com- 
menced the  practice  of  medicine.  A  carpenter  named 
Stincen,  who  had  known  Tom  well  in  Weston,  came  to 
Sacramento  City  in  the  fall  of  1849,  and  soon  met  Tom 
arrayed  in  his  splendid  apparel.  Stincen  was  a  man  of 
excellent  sense,  and  possessed  a  keen  perception  of  the 
ridiculous.  "How  are  you,  Tom?"  said  he.  "First 
rate."  "  How  are  you  getting  along  ?  "  "  Splendid." 
"What  are  you  doing?"  "  Come  and  see."  He  took 
Stincen  a  short  distance,  and  showed  him  a  splendid 
mule,  rigged  up  in  superb  style,  with  new  saddle,  bridle, 


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346 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


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and  martingales.  Across  the  saddle  was  thrown  a  pair 
of  new  medical  saddle-bags.  Tom  raised  up  the  flap  of 
one  end,  and,  pointing  to  several  rows  of  vials  full  of 
liquid  medicines,  said,  "  Look  at  that,"  *'  What  does 
all  this  mean  ?  "  asked  Stincen.  "  I  am  practicing  medi- 
cine." "  But  what  do  you  know  about  the  practice  of 
medicine,  Tom  ?  "  "  Well,  not  much  ;  but  I  get  all  I 
can  do,  and  I  kill  just  as  few  as  any  of  them.  I  never 
give  them  anything  to  hurt  them." 

Stincen  himself  related  this  interview  to  me,  and  it 
is  no  doubt  true. 

VISIT   MONTEREY — AXXOUXCE  MYSELF  A  CANDIDATE  FOR 
GOVERNOR — ELECTED — INAUGURAL    ADDRESS. 

About  the  13th  of  September  I  left  San  Joso  for 
Monterey,  to  assist  in  holding  a  term  of  the  Superior 
Tribunal.  Four  persons  had  been  nominated  by  the 
people  at  the  election  held  August  1st,  who  were  subse- 
quently appointed  and  commissioned  by  General  Riley. 
These  were  Joso  M.  Covarubias,  Paciticus  Ord,  Lewis 
Dent,  and  Peter  H.  Burnett.  The  last-named  was  cho- 
sen Chief  Justice  by  the  other  Judges.  The  business 
before  the  Court  was  very  small.  No  appeals  had  been 
taken  ;  they  were  not  common  in  those  days. 

I  remained  in  Monterey  until  about  the  last  of  Sep- 
tember. The  proceedings  of  the  Convention,  which  as- 
sembled on  the  first  of  that  month,  had  progressed  fa- 
vorably, so  far  as  to  leave  no  reasonable  doubt  as  to  the 
final  result,  and  I  then  announced  myself  a  candidate 
for  Governor.  I  arrived  in  San  Jose  about  the  5th  of 
October,  and  left  there,  to  make  the  canvass,  about  the 
20th.  I  reached  San  Francisco  on  the  evening  of  the 
same  day,  and  remained  there  three  days.    When  I  left 


I''  ■ 


A  PROrOSAL  DECLINED. 


347 


the  city  aboiit  six  weeks  before,  I  knew  a  large  portion 
of  the  people  of  the  place  ;  but,  upon  my  return,  I  did 
not  know  one  in  ten,  such  had  been  the  rapid  increase 
in  the  population.  I  was  surprised  to  find  myself  so 
much  of  a  stranger,  and  I  said  to  myself,  "  This  is  rather 
a  poor  prospect  for  Governor." 

One  of  my  opponents,  Winfield  Scott  Sherwood, 
Esq.,  proposed  that  we  should  submit  our  claims  to  a 
committee  of  mutual  friends,  and  let  them  decide  which 
of  us  should  withdraw.  I  declined  this  proposition,  and 
at  once  set  out  to  speak  to  the  people.  I  left  San  Fran- 
cisco about  the  23d  of  October  for  Sacramento  City,  on 
board  a  very  small  steamer,  the  second  one  that  ever 
ascended  the  Sacramento  River.  It  was  full  of  passen- 
gers, and  was  so  small  that  they  were  frequently  ordered 
to  trim  the  boat. 

On  my  arrival  at  Sacramento  City,  I  addressed  a 
large  meeting  of  the  people.  From  that  city  I  went  to 
Mormon  Island  on  the  American  River,  and  made  a 
speech.  From  there  I  passed  to  Coloma,  the  point 
where  gold  was  first  discovered,  and  addressed  the  peo- 
ple at  that  place  ;  and  then  to  Placerville,  where  I  again 
addressed  a  large  meeting.  From  Placerville  T  returned 
to  Sacramento  City  on  the  29th  of  October.  On  my 
way  I  spent  the  night  of  the  28th  at  Mud  Springs,  in  an 
hotel  kept  in  a  large  canvas  tent.  They  gave  me  a  very 
fine  bed  to  sleep  in,  and  treated  me  most  kindly. 

During  the  day  the  wind  commenced  blowing  brisk- 
ly from  the  south.  In  the  evening  dense  clouds  began 
to  appear,  and  the  wind  increased  to  a  gale.  After  we 
had  all  retired  to  bed,  the  rain  began  to  fall  heavily, 
and  the  storm  became  so  severe  that  the  fastenings  of 
the  tent  gave  way,  and  nothing  was  left  of  the  frame 

but  the  main  upright  pole,  about  thirty  feet  high,  that 
16 


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348 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Stood  in  the  center,  to  the  top  of  which  the  canvas  was 
securely  fastened,  while  it  hung  flapping  around  the 
pole  at  the  bottom.  The  rain  came  down  in  torrti  ts, 
and  the  only  way  we  could  keep  dry  was  Lo  stand  aroind 
and  hug  the  lower  end  of  the  pole  until  daylight.  This 
was  the  first  hard  rain  of  that  most  rainy  season  of  1849 
-'50.  I  never  passed  a  more  cheerless  i  ncl  uncomfort- 
able night  than  this.  I  was  very  tired  and  sleepy,  and 
frequently  found  myself  asleep  on  my  feet,  and  in  the 
act  of  sinking  down  with  my  arms  around  the  pole. 

I  remained  in  Sacramento  City  until  the  5th  of 
November,  when  the  majestic  steamer  Senator  arrived 
for  the  first  time.  The  banks  of  the  river,  on  Front 
Street,  were  thronged  with  people  to  witness  her  ap- 
proach. She  was  to  us  a  most  beautiful  object.  I 
came  down  on  board  of  her,  and  paid  thirty  dollars  for 
my  passage,  and  two  dollars  in  addition  for  my  dinnei". 

I  passed  through  San  Francisco,  and  arrived  at  San 
Jose  about  the  8th  of  November.  After  making  a 
speech  to  the  people  of  that  city,  I  went  again  to  San 
Francisco,  whei'o  I  spoke  to  an  innnense  assemblage  in 
Portsmouth  S(piare.  A  platform  about  six  feet  higli, 
and  large  enough  to  seat  about  a  hundred  persons,  was 
made  of  rough  boards  and  scantling.  The  main  audi- 
ence stood  in  front,  on  the  ground.  In  the  midst  of  my 
address  the  ])latforra  gave  way  and  fell  to  the  ground, 
except  a  small  portion  where  I  was  standing.  I  paused 
only  for  a  moment,  and  then  went  on  with  my  speech, 
rem.arking  that,  though  others  miglit  i:\U,  I  would  be 
sure  to  stand. 

I  was  in  the  city  until  the  IJUh  of  November,  the 
day  of  the  generril  election,  at  which  the  State  consti- 
tution was  ratified,  and  tlie  princii)al  State  otllcers,  Sen- 
ators, members  of  the  Assembly,  and  Congressmen  were 


5  canvas  was 

around  the 
1  in  torrti  ts, 
stand  aromtl 
yrlight.    This 
eason  of  1849 
d  uncomfort- 
cl  sleepy,  and 
Bt,  and  in  the 
the  pole, 
il  the   5th  of 
enator  arrived 
Lver,  on  Front 
itness  her  ap- 
ful  object.      I 
irty  dollars  for 
for  my  dinner, 
arrived  at  San 
fter  making   a 
it  again  to  San 

assemblage  in 
,  six  feet  high, 
}d  persons,  was 
riie  main  avidi •• 

he  'nidst  of  my 

to  the  ground, 
iling.  I  paused 
,ith  my  speech, 

ill,  I  would  be 

November,  the 
1,<.  State  consti- 
atc  otVicers,  Sen- 
jinrvcssmen  were 


INAUGURAL  ADDRESS. 


349 


elected.  The  vote  for  Governor  was  as  follows  :  Peter 
II.  Burnett,  C,71C> ;  W.  Sett  Sherwood,  3,188;  John 
A.  Sutter,  2,201  ;  J.  W.  (ivary,  1,475  ;  William  M. 
Steuart,  019. 

Both  Houses  of  the  Legislature  assembled  on  Satur- 
day, December  15,  1849,  as  required  by  the  constitution. 
The  Governor  elect  was  inaugurated  at  one  o'clock  v.  u. 
on  Thursday,  December  20th,  and  took  the  following 
oath  : 

"  I,  Peter  IT.  Burnett,  do  solemnly  swear  that  I  will 
support  the  Constitution  of  the  United  States  and  the 
constitution  of  the  State  of  California,  and  will  faith- 
fully discharge  the  duties  of  the  oflice  of  Governor  of 
the  State  of  California,  according  to  the  best  of  my 
ability." 

After  taking  this  oath,  I  delivered  the  following 
address  : 

Gcn^hrua  of  the  Senate  and  Assemhly :  I  hnvc  been  chosen 
by  n  majority  of  my  fellow  citizens  of  the  State  of  Califoraiii 
to  '  c  her  first  Executive.  For  tliis  proof  of  their  partiality  and 
confidence  I  shall  ever  retain  a  most  grateful  sense.  To  bo 
chosen  Chief  Magistrate  of  California  at  this  period  of  her  his- 
tory, when  the  eyes  of  tlio  whole  world  arc  turned  toward  her, 
is  a  high  and  distinguished  honor,  and  I  shall  do  all  in  my 
power  to  merit  this  distinction  by  an  ardent,  sincere,  and  ener- 
getic discharge  of  the  weighty  and  responsible  duties  incident 
to  tho  position  I  occupy. 

Nature,  in  her  kindness  and  beneficence,  has  distinguished 
California  by  great  and  decided  natural  advantages;  and  these 
great  natural  resources  will  make  her  either  a  very  great  or  a 
very  sordid  and  petty  State.  She  can  take  no  middle  course. 
She  will  either  be  distinguished  among  her  sister  States  as  one 
of  the  leading  Stars  of  the  Union,  or  she  nill  sink  into  com- 
parative insignificance.  She  has  many  dangers  to  encounter, 
many  perils  to  meet.  In  all  those  countries  where  rich  and 
extensive  mines  of  the  precious  metals  have  been  heretofore 


'■ill 
II 

.1    II 


i' ' 


u 


% 


M 


I. 


\'  ' 


I 

V 


::i. 


tS 


'%  i 


i 


■■tTW  '"  .f'T!" 


350 


RECGLLECTIOXS  OF  AN  OLD  PIONEER. 


i 


I 


'!< 


i'l . 


ii 


Hli 


I; 


discovered,  tho  people  have  become  indolent,  careless,  and 
stupid.  This  enervating  intluenco  operates  silently,  steadily, 
un<l  continually,  and  requires  counteracting  causes,  or  great 
and  continued  energy  of  character  in  a  people  to  successfully 
resist  it.  How  far  tliis  influence  may  mold  the  character  of  the 
future  population  of  California,  time  alone  can  determine.  If 
slio  should  withstand  and  overcome  this  great  peril,  she  will 
constitute  a  bright  exception  to  the  fate  that  has  attended  other 
States  similarly  situated. 

But  I  anticipate  for  her  a  proud  and  happy  destiny.  K  sbo 
had  only  her  gold-mines,  tho  danger  would  be  imminent"  Itut 
she  has  still  greater  and  more  commanding  interests  than  this — 
interests  that  seldom  or  never  enervate  or  stultify  a  people,  but 
on  tho  contrary  tend,  in  their  very  nature,  to  excite  and  nour- 
ish industry,  enterprise,  and  virtue.  I  mean  her  agricultural 
and  commercial  advantages.  While  our  mines  will  supply  us 
with  ample  capital,  and  )ur  fine  agricultural  lands  will  furnish 
us  with  provisions,  our  great  and  decided  commercial  facilities 
and  Dosition  will  give  full  and  active  employment  to  the  ener- 
gies and  enterprise  of  our  people,  and  will  prevent  them  from 
sinking  into  that  state  of  apathy  and  indift'erenco  which  can 
not  exist  in  a  commercial  and  active  community. 

Our  now  State  will  soon  take  her  equal  station  among  tho 
other  States  of  the  Union.  When  admitted  a  niemher  of  that 
great  sisterhood,  she  will  occupy  im  important  position,  impos- 
ing upon  her  new  and  great  responsibilities.  She  can  never 
forget  what  is  due  to  herself,  much  less  can  she  forget  what  is 
duo  to  the  whole  Union.  Iler  destiny  will  be  united  with  that 
of  her  sister  States,  and  she  will  form  one  of  the  links  of  that 
bright  chain  that  binds  together  the  happy  millions  of  the 
Ajnerican  people. 

How  wide  and  extended  is  our  eximndiiig  country!  With 
only  thirteen  States  and  throe  millions  of  inhabitants  originally, 
wo  have  grown  in  the  short  space  of  three  quarters  of  a  century 
to  be  one  of  the  greatest  nations  of  the  earth.  With  a  Federal 
Government  to  manage  and  control  our  external  relations  with 
the  world  at  large,  and  State  governments  to  regulate  our  inter- 
nal and  busiuosd  relations  with  each  other,  our  system  is  pecu- 


THE  CHINESE. 


351 


liarly  adapted  for  extension  over  a  wido  field,  without  danger 
of  becoming  unwieldy  and  impracticable.  Wo  liavo  now  moro 
than  twenty  millions  of  inhabituiits,  and  thirty  States,  with 
others  knocking  at  the  door  of  the  Union  for  admittance.  Our 
States  and  cities  have  the  eastern  coast  of  Nortli  America  facing 
Europe,  and  our  country  extends  across  the  entire  continent 
to  the  shores  of  the  Pacific,  facing  the  millions  of  Asia.  "We 
have  commanding  military  and  commercial  positions  on  both 
oceans,  and  nothing  can  retard  our  onward  march  to  greatness 
but  our  own  errors  and  our  own  follies,  (-alifornia  has  her 
part  to  act  in  this  great  march  of  improvement,  and  whether 
i^lic  acts  well  her  part  or  not  depends  much  upon  her  early 
legislation. 

With  the  most  ardent  desire  to  do  my  duty  fully  and  frankly 
toward  our  now  and  rising  State,  I  pledge  you  my  most  cor- 
dial cooperation  in  your  otforts  to  promote  the  hai)pincss  of 
California  and  the  Union.  For  the  principles  that  will  govern 
ine  in  my  adnnnistration  of  the  executive  department  of  the 
State,  I  bog  leave  to  refer  you  to  my  forthcoming  message. 

I  'hank  you,  gentlemen,  for  the  kindness  and  courtesy  you 
have  shown  me,  and  hope  that  your  labors  may  redound  to 
your  own  honor  and  the  happiness  of  your  constituents. 


If 


THE    CIimESE — REASONS    FOB     THEIR     EXCLUSION — THE 
HURLING  AM  E    TREATY. 

In  the  view  of  mar.y  most  humane  and  devoted  peo- 
ple, our  country  Hhould  be  tlirown  open  to  all  the  world, 
Avith  the  right  not  only  of  domicile,  but  of  citiv:enship. 
Regarding,  as  T  do  myself,  all  mankind  as  of  the  pame 
origin,  these  persons  seem  to  think  that  the  population  of 
the  globe  should  be  loft,  like  water,  to  find  its  own  level. 
But  this  comprehensive  and  apparently  just  view  is  too 
liberal  for  ])ractieal  statesmansliip.  The  practical  re- 
sult would  l)e,  that  the  Mongolian  race  (the  most  nu- 
merous of  the  families  of  mankind)  would  in  due  time 


.•:.■» 


/    ) 


in 


352 


TIECOLLECTIONS  OF  AN   OLD  PIONEER. 


til. 


Ul 

m 


int    i 


li  i    t 


«i 


■4 


» 


^ 


I 


i  ft 


1     ^   ! 


^'  y 


I     H 


I  4 1( 


possess  the  country  on  tliis  coast,  to  the  ultimate  cxchi- 
sion  of  the  white  man. 

The  Chinese  Empire  is  one  of  vast  extent,  every- 
where under  the  same  compact  t^ovornment.  It  con- 
tains four  hundred  millions  of  people,  about  equal  to  one 
third  the  population  of  the  world.  These  people  esteem 
their  country  (and  with  much  ai)parent  reason)  as  the 
oldest,  wealthiest,  and  grandest  ei'.i[,'.:o  upon  this  earth. 
No  other  people  are  so  proud  of  tL'eir  country,,  or  so  in- 
veterately  attached  to  it,  as  are  the  Chinese.  Hut,  while 
they  regard  their  country  with  so  much  admiration  and 
affection  as  not  to  desire  a  permanent  allegiance  to  any 
other  government,  they  would  doubtless  be  willing  to 
extend  its  limits  by  the  colonization  and  addition  of  other 
territory. 

Their  policy  of  isolation,  continued  for  a  long  series 
of  centuries,  has  made  their  people  peaceable,  economi- 
cal, loyal,  and  industrious  ;  and,  in  the  general  absence 
of  foreign  and  domestic  wars,  the  population  has  in- 
creased, under  the  legitimate  effects  of  this  policy,  to 
such  enormous  proportions  as  to  become  suffering  and 
corrupt. 

For  thousands  of  years  the  Chinese  have  been  accus- 
tomed to  live  upon  as  little  as  would  possibly  support 
human  life.  For  ages  upon  ages  their  inventive  facul- 
ties seem  to  have  lain  dormant.  Their  rulers  and  states- 
men have,  during  long  periods  in  the  past,  opposed  all 
labor-saving  inventions,  for  thr  simple  reason  that  their 
labor-market  was  overstocked,  '^'hey  seldom  or  never 
change  the  style  or  character  of  their  manufactured 
articles,  or  their  fashions  of  dress,  because  such  changes 
would  violate  their  most  rigid  rules  of  economy.  The 
style  of  dress  for  the  laboring  classes  is  the  simplest 
and  cheapest  ])ossible,  consistent  witii  ease  and  comfort. 


r 

f « 

'! 

yL 

J 

TUB  CIIINESB. 


353 


If 


A  Chinese  laborer  will  provide  himself  with  a  bamboo 
hat,  costing  twenty-tivc  cents,  that  will  last  him  a  life- 
time. His  shoes  are  made  of  cheap  but  durable  mate- 
rials, with  broad,  thick,  flat  bottoms,  that  wear  away 
slowly  and  never  slip  ;  and  his  shoes  never  produce 
corns  on  his  feet.  A  Chinese  merchant  makes  all  his 
mathematical  calculations  upon  a  plain  little  wooden 
box,  twelve  inches  long,  six  inches  wide,  and  two  inches 
deep,  with  parallel  wires  passing  lengthwise  through  it, 
and  one  inch  apart,  upon  which  are  jilaced  a  number  of 
small  wooden  balls.  This  little  instrument  will  cost 
fifty  cents,  hut  for  hundreds  of  years,  and  save  several 
hundred  dollars  a  year  in  stationery  to  a  large  estab- 
lishment. 

Their  merchants  are  vcrv  intelligent  men  in  their 
line  of  business.  I  was  well  acquainted  with  Fung 
Tang,  the  Chinese  orator  and  merchant.  He  was  a  cul- 
tivated man,  well  read  in  the  hist<>-ry  of  the  world, 
spoke  four  or  five  different  languages  fluently,  includ- 
ing English,  and  Avas  a  most  agreeable  sjentleman,  of 
easy  and  pleasing  manners. 

When  the  Chinese  merchants  first  arrived  in  San 
Francisco,  and  for  a  time  thereafter,  they  made  all 
their  purchases  of  our  merchants  for  cash.  Within  a 
short  period  they  learned  that,  according  to  our  mercan- 
tile usages,  cash  sales  meant  })ayment  on  steamer-day  ; 
and,  as  these  dnys  were  semi-monthly,  they  rea«iily 
availed  themselves  of  the  credit  they  could  thus  obtain. 
A  little  later  they  purclnised  on  thirty,  forty,  and  sixty 
days'  time.  In  short,  they  leanw'd  all  our  usages  that 
promised  them  any  advan  except  the  three  days' 

grace  on  promissory  no:  ui  lil'-  ol  v^  iiange.  That 
provision  no  Chinese  meri  hant  ever  lear-ie<i  ;  so  that,  if 
a  Chinaman  ur.id^  his  note  payable  on  the  first  day  of 


III*  4 


l^ 


\l 


i 


n 


\^ 


^  111 


354 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


m 


i 


%    I 


June,  be  woiiM  pay  on  that  day,  though  legally  entitled 
to  wait  till  the  fourth.  There  is  something  so  inconsis- 
tent in  the  position  that,  although  a  note  by  its  ecrpress 
terms  was  made  payable  on  the  first  of  Jraie,  yet  in  law 
it  was  payable  on  the  fourth,  that  Chinese  acuteness 
never  comprehended  it. 

While  they  are  perfectly  willing  themselves  to  pur- 
chase on  credit,  they  decline  to  sell  to  our  people  on 
time.  One  of  our  loading  merchants,  on  one  occasion, 
determined  to  monoi)olize  all  the  rice  in  San  Francisco. 
To  carry  out  this  purpose,  he  went  to  a  large  wholesale 
Chinese  rice-house,  and  said  to  the  owner,  "  Suppose  I 
should  wish  to  purchase  two  thousand  bags  of  rice, 
conld  you  supply  me  with  that  number?"  "Yes,  me 
sell  you  that  number."  After  quietly  talking  some  time, 
the  American  merchant  again  asked,  "Could  you  sell 
me  four  thousand?  "  "Yes,  me  sell  you  four  thousand." 
The  American  merchant  continued  the  conversation 
about  other  matters  for  some  time,  and  then  quietly 
said,  "  Suppose  I  should  conclude  to  take  six  thousand, 
could  you  supply  that  number  ?  "  "  Yes,  me  sell  you  six 
thousand."  "  Would  you  give  me  any  time  ?  "  "  Me 
know  you  one  very  rich  Melican  merchant.  Me  give 
you  time.  You  pay  me  one  half  when  the  rice  is 
weighed,  and  the  other  half  when  it  is  on  the  dray." 

Bom  and  nursed  in  poverty,  and  early  trained  in  the 
severe  schools  of  unremitting  toil  and  extreme  economy, 
the  Chinaman  is  more  than  a  match  for  the  white  inan 
in  the  struggle  for  existence.  The  white  man  can  do 
a'  much  work,  and  as  skillfully,  as  the  CJiinaman  ;  but 
he  can  not  live  so  cheaph/.  It  would  require  many  cen- 
turies of  inexorable  training  to  bring  the  white  man 
down  to  the  low  level  of  the  Chinese  mode  of  living. 
Were  Chinamen  permitted  to  settle  in  our  country  at 


# 


R. 

illy  entitled 
80  inconsis- 
jr  its  cypress 
1,  yet  in  law 
se  acuteness 

}lves  to  pur- 
ir  people  on 
Dne  occasion, 
m  Francisco, 
•ge  wholesale 
',  "  Suppose  I 
bags  of  rice, 
"    "  Yes,  me 
ng  some  time, 
lould  you  sell 
>ur  thousand." 
conversation 
then  quietly 
six  thousand, 
ne  sell  you  six 
time?"     "Me 
int.     Mc  give 
n  the  rice   is 
the  dray." 
trained  in  the 
r<^Tne  economy, 
the  white  man 
0  man  can  do 
hinaman  ;  hut 
uire  many  cen- 
hc   white  man 
lode  of  living, 
our  country  at 


THE  CHINESE. 


355 


their  pleasure,  and  were  they  granted  all  the  rights  and 
privileges  of  the  whites,  and  the  laws  w  ere  then  impar- 
tially and  efficiently  administered,  so  that  the  two  races 
would  stand  precisely  and  practically  equal  in  all  re- 
spects, in  one  century  the  Chinese  would  own  all  the 
property  on  this  coast.  This  result  they  would  accom- 
plish by  their  greater  numbers  and  superior  economy. 

We  have  not  yet  had  a  full  and  fair  opportunity  to 
study  Chinese  character,  as  those  among  us  are,  by  cir- 
cumstances, put  upon  their  very  best  behavior.  The 
same  number  of  Americans  placed  in  China  would  prove 
very  peaceable  and  industrious.  This  would  necessarily 
be  so.  Small  bodies  of  men  living  in  a  foreign  country, 
perfectly  defenseless,  and  with  full  knowledge  that  they 
are  at  the  mercy  of  the  natives,  will  be  very  apt  to  act 
most  prudently.  In  comparing  the  Chinese  with  our 
own  people,  a  fair  and  just  allowance  should  be  made 
for  the  difference  in  their  respective  positions. 

If  two  equally  poor  young  men  of  the  same  capacity 
and  health  should  start  in  life  together  at  the  age  of 
twenty-one,  and  obtain  the  same  compensation  and 
continue  so  for  ten  years,  and  one  should  be  a  good 
economist  and  save  up  a  portion  of  his  income  each 
year,  and  the  other  should  spend  all  his  as  fast  as  re- 
ceived, at  the  end  of  the  ton  years  the  first  would  be  in 
independent  circumstances,  while  the  other  would  be  as 
poor  as  at  the  beginning,  and  would  have  lost  ten  years 
of  his  business  life.  Such  are  the  effects  of  economy 
even  for  short  periods  of  time.  But  extend  this  prac- 
tice of  saving  for  a  hundred  years,  and  the  effects  will 
be  surprising. 

It  is  painful  to  the  thoughtful  anil  reflective  to  see  a 
proscribed  class  of  men  in  any  community.  It  is  more 
especially  so  in  a  republic,  where  every  citizen  is  a  sov- 


IP 


,/  I 


%x 


k    '1 
■       ■   II 

w 

•  '  L 

i  \ 

■'% 

'It 


I 


Vw 


F 


356 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Ml    'Ik 


If*    M 


ereign,  where  the  hiws  are  practically  made  by  the  ma- 
jority, and  where  the  officers  charged  with  the  execution 
of  the  same  are  elected  by  this  majority.  Under  such 
a  theory  of  government,  no  unpopular  law  can  be  fairly 
enforced.  You  may  speak,  write,  and  publish  all  that 
can  be  said  upon  the  subject,  and  still  the  laws  can  not 
be  practically  and  efficiently  administered  for  the  pro- 
tection of  an  unpopular  class  of  men.  Modes  of  evasion 
will  be  successfully  resorted  to.  We  see  this  fully  exem- 
plified here  in  San  Francisco.  While  parents  will  not 
very  often  openly  assault  Chinamen  in  the  streets  of  the 
city,  they  can  manage  to  show  their  hostility  through 
their  children.  The  young  are  natural  tyrants,  and, 
when  they  find  victims  upon  whom  they  can  pi'actico 
this  tyranny  with  impunity,  they  never  fail  to  do  it. 
It  is  very  difficult,  if  not  impossible,  for  the  police  and 
other  officers  of  the  law  to  prevent  this  violence  in 
children,  when  they  are  not  restrained,  but  rather  en- 
couraged, by  their  parents  and  a  majority  of  the  voters. 
The  worst  effect  of  the  presence  of  the  Chinese  among 
us  is  the  fact  that  it  is  making  tyrants  and  lawless  ruf- 
fians of  onr  hoys.  It  is  true,  the  poor  Chinamen  suffer 
from  this  violence,  but  still  their  situation  in  California 
is  better  than  their  former  half-starved  condition  at 
home.     Here  they  are  avcU  fed,  housed,  and  clothed. 

I  have  long  been  opposed  to  the  residence  of  the 
Chinese  among  us,  except  for  purposes  of  trade.  This 
opposition  is  not  based  upon  any  prejudice  against  tho 
race,  for  I  am  not  conscious  of  prejudices  against  any 
race  of  men.  I  believe,  with  St.  Paul,  in  the  unity  of 
the  human  race,  as  expressed  in  the  twenty-sixth  verse 
of  the  seventeenth  chapter  of  Acts.  But,  while  I  am 
opposed  to  the  residence  of  Chinese  laborers  among  us, 
I  am  equally  opposed  to  all  illegal  methods  of  preventing 


1 


1 


)y  the  ma- 
I  execution 
ruder  Buch 
n  be  fairly 
sh  all  that 
iws  can  not 
or  the  pro- 
3  of  evasion 
fully  exern- 
lUts  will  not 
treets  of  the 
lity  through 
yrants,  and, 
can  practice 
ail  to  do  it. 
le  police  and 
violence   in 
At  rather  cn- 
of  the  voters, 
iiinese  among 

I  Imcless  ruf- 
inamen  suffer 

in  California 
condition  at 

id  clothed. 

idence  of  the 
trade.     This 

ce  against  tho 

;s  against  any 

II  the  unity  of 
ity-sixth  verse 
ut,  while  I  am 
rcrs  among  us, 

of  preventing 


THE  BURLINGAME  TREATY. 


357 


the  settlement  of  other  Chinamen  in  our  country,  or  for 
expelling  those  that  are  now  resident  here.  The  only 
legal,  loyal, and  just  mode  of  preventing  and  ninoving 
the  evil  is,  to  begin  at  the  beginning,  and  correct  the 
lirst  error  by  amending  the  treaty. 

The  Burlingame  treaty  should  have  been  so  framed 
as  to  allow  the  merchants  of  each  country  a  residence 
within  the  limits  of  the  other  for  purposes  of  trade  and 
commerce  only.  The  treaty,  as  it  now  exists,  very 
plausibly  assumes  to  put  the  people  of  the  two  nations 
upon  about  equal  terms  ;  but  in  practical  effect  it  is  very 
far  from  working  equally.  It  is  like  the  fable  of  the 
fox  and  the  stork.  The  fox  invited  the  stork  to  dinner, 
which  consisted  of  thin  soup  served  up  in  shallow 
dishes.  While  the  fox,  with  his  flexible  tongue,  readily 
licked  up  all  the  soup,  the  poor  stork,  with  his  long,  in- 
flexible bill,  could  not  swallow  a  drop.  All  the  calm, 
cunning,  but  mock  politeness  of  the  fox  in  urging  the 
stork  to  help  himself  could  not  better  his  condition, 
and  he  »vent  without  his  dinner.  So  it  is  with  our  peo- 
ple. Their  condition  is  such  that  they  can  not  go  to 
China  to  reside  and  make  a  living,  but  the  Chinese 
can  well  come  here,  and  improve  their  condition  by 
doing  so. 

The  Chinese  Empire  will  not  probably  sustain  for 
the  future  the  same  relative  position  toward  the  other 
nations  of  the  world  that  it  has  done  for  many  ages 
past.  The  civilized  nations  found  the  Chinese  isolated 
from  the  other  peoples  of  the  earth,  and  brought  such 
influences  to  bear  upon  their  Government  as  to  induce 
a  departure,  at  least  in  part,  from  the  former  policy. 
This  is  only  the  beginning  of  an  entire  change.  The 
rulers  and  statesmen  of  that  country  will  soon  learn, 
especially  from  the  ambassadors  they  are  now  sending 


1. 


t 


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( 


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i\ 


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I.. 


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i 


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i 


V  ^ 


I 


-i 


358 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


abroad,  that  all  the  intellect  of  mankind  is  not  to  be 
found  in  China  ;  that  other  nations  excel  them  in  many 
decisive  respects ;  and  that  their  Government  must 
adopt  all  the  great  improvements  of  other  nations,  in 
order  to  protect  its  own  rights.  These  rulers  and  states- 
men will,  in  due  time,  come  to  understand  the  great  fact 
that  the  Chinese  Empire,  by  adopting  the  improvements 
of  other  nations,  can  readily  become  the  greatest  power 
in  the  world.  All  that  Government  has  to  do,  in  order 
to  attain  the  foremost  position  among  the  nations  of  the 
earth,  is  to  employ  its  almost  unlimited  resources  to  the 
best  advantage.  It  could  readily  spare  one  hundred  of 
the  four  hundred  millions  of  its  population,  without  im- 
pairing its  effective  strength  ;  and  the  condition  of  the 
remaining  three  hundred  millions  would  be  improved  by 
the  change.  China  could  orgnnizp  and  support  an  army 
of  such  numbers  as,  when  well  disciplined  and  ably  com- 
manded, would  be  perfectly  irresistible  in  most  portions 
of  Asia.  Nothing  is  more  probable  than  that  China 
within  the  next  century  will  fully  learn  and  use  her 
mighty  power.  Then  she  may  give  England  more  trou- 
ble in  India  than  England  has  any  reason  to  fear  from 
Russia.  England,  some  years  ago,  forced  China  to  ad- 
mit the  importation  of  opium,  and  she  may  not  forget 
or  forgive  this  act.  Nations  often  live  long  enough  to 
punish  their  enemies.  There  being  no  supernal  exist- 
ence for  nations,  they  can  only  be  punished  in  this  world  ; 
and  they  never  learn  except  through  suffering. 


1 

i 

i 


not  to  be 
a  in  many 
lent  must 
nations,  in 
\nd  states- 
great  fact 
)rovements 
itest  power 
lo,  in  order 
:ions  of  the 
irces  to  the 
hundred  of 
without  im- 
ition  of  the 
mproved  by 
ort  an  army 
id  ably  com- 
lost  portions 

that  China 
and  use  her 
d  more  trou- 

to  fear  from 
China  to  ad- 
ly  not  forget 
ig  enough  to 
ipernal  exist- 
in  this  world :, 


ring. 


GENERAL    RILEY- 


ClIAPTER  IX. 

-JUDCiE    THOMAS — VARIABLE    PRICES- 
MONOPOLIES. 


On  the  22d  of  December,  1849,  I  sent  the  following 
message,  with  accompanying  documents,  to  the  Legis- 
lature : 

San  Josk,  December  22,  1849. 

Gentlemen  of  the  Senate  and  Assembly  :  I  take  pleasure 
in  placing  before  you  the  two  accompanying  proclamations  is- 
sued by  tlio  late  Governor  Riley,  and  respectfully  suggest  that 
a  convenient  number  bo  printed  for  distribution. 

It  has  been  my  happiness  to  have  long  known  Governor 
Riley,  and  I  can  say,  in  all  sincerity  and  candor,  that  there  does 
not  exist,  in  my  opinion,  a  more  ardent  and  devoted  friend  of 
his  country,  or  one  who  has  served  her  more  faithfully ;  and  I 
desire  to  put  on  record  this  humble  testimony  to  the  character 
and  services  of  one  who  has  done  so  much  for  the  people  of 
California,  and  enjoys  so  fully  their  confidence  and  esteem. 

Petek  II.  Burnett. 

Proclamation.     To  the  People  of  California. 

It  having  been  ascertained  by  the  official  canvass  that  the 
Constitution  submitted  to  the  people  on  the  13th  day  of  Novem- 
ber was  ratified  by  the  almost  unanimous  vote  of  the  electors  of 
this  State : 

Now^  therefore^  I,  Bennet  Riley,  Brevet  Brigadier  General 
U.  S.  Army,  and  Governor  of  California,  do  hereby  proclaim 


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23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

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360 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


and  declare  the  said  Constitution  to  be  ordained  and  established 
as  the  Constitution  of  the  State  of  California. 

Given  at  Monterey,  California,  this  12th  day  of  December, 
1849. 

(Signed)  B.  Riley, 

Bt.  Brig.  Gen.  U.  S.  A.  and  Governor  of  California. 
By  the  Governor. 

n.  W.  IIalleok,  Bt.  Caj)t.  and  Secretary  of  State. 


t    'f 


!|i    < 


Proclamation.     To  the  People  of  California. 

A  new  Executive  having  been  elected  and  installed  into 
office,  in  accordance  with  the  provisions  of  the  Constitution  of 
the  State,  the  undersigned  hereby  resigns  his  powers  as  Gover- 
nor of  California.  In  thus  dissolving  his  official  connection  with 
the  people  of  this  country,  he  would  tender  to  them  his  most 
heartfelt  thanks  for  their  many  kind  attentions,  and  for  the 
uniform  support  they  have  given  to  the  measures  of  his  admin- 
istration. The  principal  object  of  all  his  wishes  is  now  accom- 
plished ;  the  people  have  a  government  of  their  own  choice — 
one  which,  under  the  favor  of  Divine  Providence,  will  secure 
their  own  prosperity  and  happiness,  and  the  permanent  welfare 
of  the  new  State. 

Given  at  San  Jos6,  California,  this  SOtli  day  of  December 
A.  D.  1849. 

(Signed)  B.  Rilfa'. 

Bt.  Brig.  Gen.  U.  S.  A.  and  Governor  of  California. 

By  the  Governor. 
11.  W.  IIalleck,  l?r.  Capt.  and  Secretary  of  State. 


On  March  30,  18ij0,  the  Convention  of  both  Houses 
unanimously  elected  James  S.  Thomas  Judge  of  the 
Sixth  Judicial  District  of  California,  which  district  in- 
cluded Sacramento  City.  He  returned  to  Missouri 
within  a  year  or  two  thereafter,  married,  and  then  took 
up  his  residence  in  St.  Louis,  where  I  saw  him  in  the 
fall  of  1856.      ITc  was  then  far  gone  in  consumption, 


mmt 


THE  FIRST  SESSION  OF  THE  LEGISLATURE.       361 


of  Dcocnibor 


and  died  there  in  1857  or  1858.  lie  was  an  excellent 
man. 

The  rainy  season  of  1849-'50  set  in  on  the  night  of 
October  28,  1849,  and  terminated  March  22,  1850.  It 
was  one  of  our  wettest  seasons.  The  rainfall  that 
season,  as  shown  by  the  rain-gauge  kept  by  Dr.  Lo- 
gan at  Sacramento  City,  was  upward  of  thirty-six 
inches. 

The  first  session  of  our  Legislature  was  one  of  the 
best  we  have  ever  had.  The  members  were  honest,  in- 
defatigable workers.  The  long-continued  rainy  season 
and  the  want  of  faciliti  i  for  dispatching  business  were 
great  obstacles  in  their  way.  Besides,  they  had  to  be- 
gin at  the  beginning,  and  create  an  entire  new  code  of 
statute  law,  with  but  very  few  authorities  to  consult. 
The  Convention  that  framed  our  Constitution  and  the 
first  session  of  our  Legislature  were  placed  in  the  same 
position  in  this  respect.  Under  the  circumstances,  their 
labors  were  most  creditable  to  them.  They  had  not 
only  few  authorities  to  consult,  but  their  time  was  short. 
At  the  close  of  the  session,  the  bills  came  into  my  hands 
so  rapidly  that  it  was  a  physical  impossibility  to  read 
them  all  myself  within  the  time  allowed  me.  I  was, 
therefore,  compelled  to  refer  some  to  the  Secretary  of 
State,  and  others  to  my  Private  Secretary,  and  approve 
them  after  a  single  reading  upon  their  recommenda- 
tion. I  had  to  do  this,  or  let  the  State  government  go 
on  with  a  mutilated  code  of  statutory  law,  or  call  an 
extra  session. 

During  the  winter  of  1849-'50  the  prices  of  provi- 
sions were  most  exorbitant.  This  was  owing  to  mo- 
nopolies and  the  great  cost  of  transportation  over  bad 
roads.  In  many  mining  localities  flour  was  sold  at 
from  fifty  cents  to  one  dollar  a  pound.     At  San  Jose 


;  ■ 


•(' 


t 


<) 


♦  •' 


i  .1 


i; 


'*    iff  I 


i 


"*!JL' 


If  !i^ 


r 


362 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


li 


I 


flour  was  sold  for  twenty-five  cents  a  pound,  sugar  fifty 
cents,  and  coffee  seventy-five. 

For  some  years  California  was  subject  to  extremely 
low  and  high  markets.  Everything  was  imported,  and 
nothing  made.  We  were  so  distant  from  the  sources 
of  supply,  and  our  communication  with  New  York  so 
infrequent,  being  by  monthly  steamers,  that  speculators 
often  monopolized  all  of  certain  articles.  One  large 
operator  purchased  all  the  flour,  and  others  different 
articles  of  prime  necessity.  On  one  occasion  one  man 
went  around  San  Francisco  and  bought  up  all  the  cut 
tacks  in  the  city,  and  then  put  up  the  price  to  a  high 
figure.  At  one  time  the  country  would  be  overstocked, 
and  then  prices  would  recede  to  so  low  a  figure  that  im- 
portations into  the  State  would  cease  for  a  time.  The 
article  of  shot  in  the  summer  of  1849  was  worth  only 
one  dollar  and  twenty-five  cents  per  bag  of  twenty-five 
pounds,  and  in  the  following  winter  readily  brought  ten 
dollars  per  bag.  Iron  at  one  time  was  scarcely  worth 
the  storage.  So  of  mining  implements  and  many  other 
supplies.  Speculators  would  at  such  times  monopolize 
these  articles  and  put  up  the  prices. 


r    I'* 


AGRICULTURAL     CHARACTER     OF     THE    STATE  —  NATIVE 
GRASSES   ANNUAL   NOT   PERENNIAL — NATIVE    CLOVER. 

Our  agriculture  may  be  said  to  have  fairly  started 
in  the  spring  of  1850.  Before  that  time  cultivation  in 
California  was  very  limited.  The  few  people  residing 
in  the  country  before  gold  was  discovered  found  rear- 
ing stock  far  more  profitable  than  agriculture.  Land 
was  very  cheap,  and  pasturage  was  most  ample  ;  and 
no  people  will  undergo  the  drudgery  of  farming  when 
they  can  do  better  with  less  hard  work. 


M  ; 


sugar  fifty 

extremely- 
ported,  and 
the  sources 
jw  York  so 

gpecvilators 

One  large 
ers  difEerent 
on  one  man 
p  all  the  cut 
ce  to  a  higli 

overstocked, 

gure  that  im- 
atime.    The 
,8  worth  only 
)f  twenty-five 
ly  brought  ten 
icarcely  worth 
id  many  other 
es  monopolize 


^T,j2  ^  NATIVE 
ATIVE   CLOVEK. 

fairly  started 
cultivation  in 
people  residing 
red  found  rear- 
iculture.  Land 
3st  ample  ;  and 
f  farming  when 


I 


AGRICULTURAL  CHARACTER  OF  CALIFORNIA.     363 

At  the  time  I  delivered  my  inaugural  address  in  De- 
cember, 1849,  very  few,  if  any,  believed  with  me  that 
our  agricultural  and  commercial  interests  were  greater 
and  more  commanding  than  our  mineral  resources  ;  but 
time  has  shown  the  correctness,  of  the  opinion  then  ex- 
pressed. For  some  years  after  the  organization  of  the 
State  government,  the  members  of  the  Senate  and  As- 
sembly from  the  mining  counties  constituted  a  large 
majority  in  the  Legislature,  and  controlled  the  action 
of  that  body.  But  time  has  essentially  changed  this 
state  of  things,  and  has  given  the  control  to  the  agri- 
cultural counties  and  the  manufacturing  and  commer- 
cial cities. 

As  heretofore  stated,  the  western  side  of  the  conti- 
nent of  North  America  is  Asiatic  in  its  main  geographi- 
cal features,  and  differs  very  much  from  the  gently 
undulating  country  east  of  the  Rocky  Mountains.  It 
is  a  country  of  mountains  and  valleys.  Our  hills  gen- 
erally swell  into  tall  mountains,  and  our  valleys  appear 
to  the  eye  to  be  substantially  dead  smooth  levels  ;  but 
they  descend  about  nine  to  ten  feet  to  the  mile.  The 
formation  of  these  valleys  is  very  different  from  that  of 
the  agricultural  lands  east. 

For  the  sake  of  illustration,  I  will  take  the  valley  of 
San  Jos6,  to  which  I  can  almost  apply  the  beautiful  and 
ardent  language  of  Moore  :  "  There  is  not  in  the  wide 
world  a  valley  so  sweet."  This  valley  has  an  average 
width  of  about  ten  miles,  and  a  length  of  about  seventy. 
On  the  surface  there  is  a  stratum  of  clay,  varying  in 
thickness  from  ten  to  fifteen  feet.  Beneath  this  is  a 
stratum  of  gravel  about  five  feet  thick,  beneath  that 
another  stratum  of  clay,  and  then  other  alternate  strata 
of  clay  and  gravel.  On  each  side  of  this  long  valley 
there  is  a  range  of  tall  mountains,  and  from  the  edges 


\\ 


m 


m 


M 


i  ^ 


ll  ' 

ll^     '■' 

^t  •  ^  t 

f  i 


364 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


of  this  valley  to  the  summits  of  these  mountains  the 
distance  is  from  ten  to  twenty  miles.  The  rainfall  in 
the  mountains  is  double  that  in  the  valley.  There  are 
two  outlets  from  the  valley  to  the  ocean,  one  through 
the  Bay  of  San  Francisco,  and  the  other  through  the 
Bay  of  Monterey.  The  length  of  tlie  streams  after  they 
reach  the  valley  is  from  fiftento  twenty  miles,  and  their 
banks  are  from  six  to  eight  feet  high.  In  the  winter 
the  supply  of  water  from  the  mountains  is  so  great  that 
the  beds  of  the  streams  in  the  valley  are  full,  often  to 
overflowing  ;  but  in  the  summer  and  fall  many  of  their 
beds  are  dry,  except  where  the  water  is  found  in  pools. 
During  our  long  dry  season,  the  various  living 
streams  from  the  mountains  pour  their  treasures  of  "sva- 
ter  into  the  valley,  but  in  most  cases  the  water  runs  but 
a  short  distance  after  enteriiig  the  valley,  being  soon 
swallowed  up  by  the  various  strata  of  gravel,  through 
which  it  percolates  slowly,  and  passes  underground  into 
the  bays.  As  there  is  a  descent  of  about  nine  or  ten 
feet  to  the  mile,  and  as  the  banks  of  these  streams  in 
the  valley  are  only  from  six  to  eight  feet  high,  it  will 
be  readily  seen  that,  one  mile  below  the  point  where  the 
water  from  the  mountains  enters  the  strata  of  gravel, 
the  surface  of  the  valley  will  be  upon  a  level  with  the 
point  mentioned  ;  and  two  miles  below  that  point  the 
surface  will  be  from  ten  to  twelve  feet  below  it.  As 
you  go  farther  down  the  valley,  the  surface  will  be  cor- 
respondingly lower.  As  the  water  percolates  slowly 
through  these  strata  of  gravel,  the  pressure  to  rise  to 
the  surface  becomes  so  strong  that  the  strata  of  clay 
above  are  kept  wet  even  in  the  dry  season  ;  so  that, 
while  the  moisture  necessarj'  to  mature  the  crops  east 
of  the  Rocky  Mountains  comes  down  from  above  in  the 
shape  of  rain,  in  California  it  comes  up  by  pressure 


NATIVE  GRASSES  ANNUAL. 


365 


qii 


ntains  the 
rainfall  in 
There  are 
\e  through 
irough  the 
i  after  they 
s,  and  their 
the  winter 
o  great  that 
all,  often  to 
any  of  their 
nd  in  pools, 
irious  living 
isures  of  wa- 
iter runs  but 
,  being  soon 
avel,  through 
Br«"round  into 
^t  nine  or  ten 
se  streams  in 
high,  it  will 
)int  where  the 
ata  of  gravel, 
level  with  the 
lat  point  the 
below  it.     As 
cc  will  be  cor- 
colatea  slowly 
sure  to  rise  to 
strata  of  clay 
ason  ;  so  that, 
the  crops  east 
m  above  in  the 
;p  by  pressure 


from  below.  When  the  surface  is  well  cultivated, 
and  the  ground  kept  perfectly  pulverized,  evaporation 
is  almost  prevented.  These  are  the  main  reasons  why 
we  can  produce  bountiful  crops  of  grain  and  grass  'n 
California  during  the  long  dry  season. 

But,  besides  these  facts,  our  mild  winter  climate  aids 
us  very  materially.  If  grain  be  sown  before  or  soon  after 
the  fall  rains  set  in,  it  will  attain  a  considerable  growth 
during  the  winter,  which  substantially  ends  by  the  first 
of  February.  By  the  time  the  rains  cease  in  March,  the 
grain  will  have  attained  a  height  of  from  six  to  ten 
inches,  forming  an  impenetrable  green  sward,  through 
which  the  sun's  rays  can  not  penetrate  to  the  earth. 
For  about  sii:  weeks  after  the  cessation  of  the  main 
rainy  season  the  dews  fall  heavily,  and  this  moisture 
sinks  into  the  ground.  As  the  evaporation  is  very  little 
until  the  wheat  begins  to  head,  there  is  enough  mois- 
ture left,  with  the  aid  of  that  which  comes  from  below, 
to  mature  the  crops  of  grain. 

All  our  native  grasses,  with  a  very  few  exceptions  in 
rare  localities,  are  annual  and  not  perennial,  as  they  are 
in  most  other  countries.  The  seeds  of  the  various  na- 
tive grasses  ripen  in  June,  and  fall  to  the  ground  and 
into  the  small  crevices  produced  by  the  drying  of  the 
surface.  When  the  fall  rains  set  in,  these  seeds  begin  to 
sprout ;  and,  although  their  growth  during  the  winter 
is  slow,  it  is  fast  enough  to  keep  the  stock  alive  in  many 
cases.  In  other  cases  they  have  to  be  fed  for  a  little 
while.  Grasses  that  are  elsewhere  grown  for  hay  are 
never  cultivated  in  California,  as  the  most  productive 
hay-crop  is  either  barley  or  the  smooth-head  wheat. 

We  have  a  peculiar  native  clover  which  produces  a 
rich  seed.  In  each  small,  prickly,  spiral  burr  there  are 
.^vom  five  to  seven  flat,  yellow  seeds,  about  as  large  ..a 


I 


rr 


ml 


* 


366 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


hi       !S 


»  /'l. 


the  yellow  mustard-seed  of  commerce.  During  the 
growing  season  there  are  other  native  grasses  which  are 
preferred  by  animals,  and  this  clover  is  permitted  to 
mature  its  bountiful  crop  of  hay  and  seed  untouched. 
As  all  the  native  grasses  ripen  in  the  dry  season,  they 
make  good  hay,  upon  which  the  animals  live  for  a  time. 
When  this  hay  is  consumed,  then  the  animals  resort  to 
the  clover  hay  and  seed.  A  stranger  will  be  surprised 
at  first  to  see  the  fat  cattle  with  their  heads  to  the  dry 
and  ai)parently  bare  ground,  as  if  they  were  feeding 
upon  the  dust  of  the  earth  ;  while  they  are,  in  fact,  eat- 
ing the  seed  of  this  clover,  which  they  gather  in  with 
their  long,  flexible  tongues. 

Bountiful  crops  of  Indian  corn  are  grown  in  certain 
localities  without  any  rain  whatever,  as  the  corn  is 
planted  after  the  rains  cease.  The  cultivator  of  this 
grain  selects  a  rich  soil  in  a  valley  and  near  some 
mountain,  from  which  the  moisture  comes  underground 
steadily  during  the  growing  season.  This  water  perco- 
lates strata  of  gravel,  and  rises  slowly  to  the  surface 
of  the  ground. 

The  observations  I  have  made  apply  to  the  ordinary 
seasons  in  California.  At  intervals  we  have  a  famine 
year,  when  there  is  almost  an  entire  failure  of  crops  in 
three  fourths  of  the  State.  Our  average  annual  rainfall 
at  Sacramento  (which  may  be  regarded  as  an  average 
point  for  the  agricultural  valleys  of  the  country)  is 
about  twenty  inches.  With  fifteen  inches  of  rain  we 
can  make  good  crops.  In  the  winters  of  1850-'51, 
1863-64,  and  1876-77,  our  rainfall  was  about  seven 
inches.  The  summers  of  1851,  1864,  and  1877  were  our 
driest  seasons  since  I  have  been  in  California  ;  and 
they  were  just  thirteen  years  apart.  Between  these  ex- 
tremely dry  seasons  there  were  seasons  comparatively 


'T 


ER. 

During  the 
es  wliich  are 
permitted  to 
d  untouched, 
season,  they 
ve  for  a  time, 
aals  resort  to 
I  be  surprised 
ids  to  the  dry 
were  feeding 
re,  in  fact,  eat- 
rather  in  with 

•own  in  certain 
18  the  corn  is 
Itivator  of  this 
and  near  some 
es  underground 
lis  water  perco- 
to  the  surface 

to  the  ordinary 
have  a  famine 
lure  of  crops  in 
annual  ri\inf  all 
i  as  an  average 
the  country)  is 
ches  of  rain  we 
jrs  of   1850-'51, 
was  about  seven 
id  1877  were  our 
California;    and 
Jetween  these  ex- 
ns  comparatively 


THE  SQUIRRELS  OF  CALIFORNIA. 


367 


dry  when  the  annual  rainfall  would  vary  from  eight  to 
thirteen  inches.  Once  in  five  years,  upon  an  average, 
there  has  been  too  little  rain  for  a  fair  crop. 

THE  SQUIRRELS  OF  CALIFORNIA — THEIR  PECULIAR  CHAR- 
ACTERISTICS— SPECULATIVE  CHARACTER  OF  OUR  FAR- 
MERS— UNCERTAINTY  OF  WEALTH  IN  THIS  STATE — 
INCIDENTS. 

One  of  the  greatest  obstacles  agriculture  has  had  to 
meet  in  California  was  caused  by  the  millions  of  squir- 
rels. Our  squirrel  is  of  a  dirty-gray  color,  very  much 
resembling  that  of  dry  grass,  and  is  about  twice  as 
heavy  as  the  gray  squirrel  of  the  Mississippi  valley,  but 
not  so  active  and  beautiful.  These  creatures  live  in 
communities,  like  the  prairie-dogs  of  the  plains.  They 
select  the  highe  t  and  driest  localities  in  the  valleys,  so 
as  to  escape  the  floods  of  winter,  and  there  make  their 
homes  by  burrowing  in  the  ground. 

Before  the  country  was  inhabited  by  Americans, 
these  pests  were  not  very  troublesome,  because  cultiva- 
tion was  then  so  limited,  and  their  excessive  increase 
was  prevented  by  the  coyotes  (small  wolves)  and  snakes, 
then  very  numerous.  But,  when  our  people  came  to  the 
country,  they  soon  destroyed  the  coyotes  by  poison  and 
the  rifle,  and  killed  the  snakes  ;  and,  as  the  squirrels, 
like  other  little  animals,  multiply  rapidly,  they  soon  be- 
came so  numerous  as  to  destroy  whole  fields  of  growing 
grain,  even  before  the  berries  had  formed  in  the  heads. 

These  animals,  which  are  almost  as  sensitive  to  cold 
as  the  alligator,  lay  up  a  sufticient  store  of  provisions  in 
summer,  and  confine  themselves  to  their  homes  during 
winter.  Even  in  summer  they  generally  do  not  make 
their  appearance  until  after  sunrise.    When  they  become 


11 


.r 


'^A 


*  * 


t . 


.-I 

•VI-.- 

^\   f:  -,1 

•5' 


t 


■< 


I* 


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tt 


N 


'll:(  \ 


3G8 


RECOLLECTIONS   OF  AN  OLD  PIONERR. 


too  numerous  in  one  locality  they  emigrate  to  another, 
most  generally  in  the  night-time.  In  their  villages  they 
seem  to  have  sentinels  out,  as  the  moment  one  sees  an 
enemy  approaching  he  sets  up  a  loud  cry  that  brings  all 
to  their  holes  instantly.  They  can  not  be  driven  from 
their  homes.  If  a  village  be  drowned  r.ut  by  water,  the 
squirrels  will  not  leave  and  seek  safety  in  other  places 
of  refuge.  They  seem  to  think  that  there  is  no  safety 
anywhere  else.  If  driven  by  the  water  from  their  holes 
at  one  entrance  they  will,  in  the  presence  of  men  or 
dogs,  run  to  another  opening  and  plunge  in.  If  a  grain- 
field  be  some  distance  from  their  village,  they  will  con- 
struct temporary  retreats  between  it  and  the  field,  and 
into  these  holes  they  will  escape  for  the  time. 

The  best  way  to  destroy  them  in  the  valleys  is  to 
cultivate  by  deep  plowing  the  sites  of  their  villages. 
By  keeping  the  ground  well  pulverized  upon  the  sur- 
face, the  water  in  our  very  rainy  winters  will  penetrate 
to  their  beds  and  destroy  the  squirrels,  as  they  can  not 
exist  except  in  dry  and  warm  homes.  The  water  also 
destroys  their  stock  of  provisions.  In  some  localities 
the  streams  are  turned  out  in  the  winter,  and  made  to 
overflow  large  tracts  of  level  land.  Vast  numbers  have 
been  thus  destroyed.  When  their  holes  are  full  of 
water,  they  wiH  come  out  wet,  sit  on  the  tops  of  the  lit- 
tle hills  formed  by  the  earth  thrown  out  from  the  holes, 
and,  if  not  disturbed,  remain  there  until  they  perish  with 
cold. 

By  poison  and  other  means  of  destruction,  these  lit- 
tle pests  have  been  generally  destroyed  in  the  fertile 
valleys  ;  but  in  the  foothills,  and  other  localities  that 
can  not  be  cultivated,  they  are  still  most  destructive. 
They  feed  upon  the  young  green  plants  as  well  as  upon 
the  ripened  grain;  '         '  > 


[I. 

to  another, 
iUages  they 
3ne  sees  an 
It  brings  all 
driven  from 
y  water,  the 
other  places 
is  no  safety 
n  their  holes 
e  of  men  or 
.  If  a  grain- 
,hcy  will  con- 
the  field,  and 

me. 

e  valleys  is  to 
their  villages, 
upon  the  sur- 
will  penetrate 
I  they  can  not 
^e  water  also 
jome  localities 
|r,  and  made  to 
numbers  have 

[es  are  fvxU  of 
tops  of  the  lit- 
from  the  holes, 
hey  perish  with 

liction,  these  lit- 
in  the  fertile 
localities  that 

lost  destructive. 

]  as  well  as  upon 


SPECULATIVE   FARMING. 


3G0 


Farming  in  California,  like  most  other  pursuits,  has 
been  speculative.  A  man  would  come  from  the  mines 
with  say  ten  thousand  dollars,  and  would  lease  from  one 
to  two  hundred  acres  of  good  wheat-land.  With  his 
own  money  he  could  purchase  his  seed-grain,  and  pay 
for  a  part  of  his  hired  labor,  lie  would  purchase  his 
farming  implements,  harness,  and  work-animals  on  cred- 
it, and  draw  upon  his  commission  merchant  for  provi- 
sions and  other  supplies.  If  the  season  proved  propi- 
tious, and  the  price  of  grain  high,  ho  would  net  from 
twenty  to  thirty  thousand  dollars  on  his  first  crop,  and 
then  probably  lose  it  the  next  or  some  subsequent  year. 
If  he  failed,  he  would  be  off  to  the  mines  again. 

Before  the  production  of  grain  in  California  and 
Oregon  was  equal  to  the  home  demand,  the  prices  were 
high.  So  soon  as  there  was  a  surplus  for  exportation, 
the  home  price  was  governed  by  the  foreign  demand, 
without  regard  to  the  quantity  grown  on  this  coast. 
Our  farmers  commenced  with  high  prices  for  grain,  and 
paid  high  wages  for  labor.  But  the  prices  of  grain  re- 
ceded in  many  instances  faster  than  the  rates  of  wages. 
A  farmer  in  Alameda  County  employed  an  honest,  in- 
dustrious, sober,  and  careful  Irishman  for  five  years  at 
the  monthly  wages  of  fifty  dollars,  the  employer  fur- 
nishing board,  lodging,  washing,  and  mending.  At  the 
end  of  that  time  he  said  to  the  Irishman  :  "I  can  not 
afford  to  pay  you  the  wages  I  have  been  paying.  It  is 
true,  I  own  my  farm  and  stock,  and  I  am  not  in  debt. 
You  have  saved  up  a  good  sum  of  money,  and  I  have 
saved  nothing.  You  have  made  all  the  money,  and,  if 
things  go  on  in  this  way,  you  will  soon  own  my  fai'm, 
and  then  what  shall  I  do  ? "  "  Well,"  answered  the 
Irishman,  "  I  will  hire  you  to  work  for  me,  and  you  will 
get  your  farm  back  again."    In  California  it  has  fre- 


I 


I 


1  ' 


|i  I   , 


I 


iM 


^4 
m 


•:i  -  «1 


.t!j: 


*!i  i' 


J I 


'  »,. 


1 

!, 

t' 

f      n       : 

f       1' : 

,  J 

1                     ■ 

i 

1 

i 

1 

il 


i 

1 

!' 

' 

'       rl 

''*!■■ 

rtf", , 

1    r 

1 

i 

NU 

1  : 

m 

1 

1*1 

1. 

1 

|Li| 

Ji. 

■,  It- 

370 


RECOLLECTIONS  OF  AN  OLD  TIONEER. 


quently  happened  that  the  teamster  in  time  became  the 
owner  of  the  team,  and  in  turn  employed  the  former 
owner  to  drive  it.  There  never  was,  perhaps,  a  country 
in  which  the  mutations  of  fortune  have  been  greater  in 
time  of  peace  than  in  California.  It  has  been  the  coun- 
try in  which  a  fortune  was  most  easily  made  and  most 
speedily  lost. 

When  I  took  up  my  residence  in  San  Joso  in  1849, 
Grove  C.  Cook,  then  aged  about  fifty,  was  one  of  the 
wealthy  men  of  that  city.  lie  had  lived  some  years  in 
the  Rocky  Mountains  as  a  trapper  or  trader,  but  came 
to  San  Jose  some  years  before  the  discovery  of  gold, 
and  had  acquired  a  considerable  amount  of  real  estate, 
the  enhanced  value  of  which  made  him  comparatively 
a  rich  man.  He  was  generous,  kind-hearted,  and  witty. 
Soon  after  the  State  orj.  nization,  the  population  of  San 
Jose  rapidly  increased  ;  and,  as  hotels  and  boarding- 
houses  were  few,  the  young  lawyers  and  others  about 
the  city,  who  were  "  too  proud  to  work  and  too  genteel 
to  steal,"  induced  Cook  to  open  a  boarding-house.  Af- 
ter he  had  been  running  this  new  establishment  for 
some  months,  he  found  it  a  ruinous  business  to  him, 
and  said  to  some  of  his  friends,  "  I  have  the  most  ex- 
traordinary set  of  boarders  in  the  world.  They  never 
miss  a  meal  or  pay  a  dime." 

Such  cases  were  very  common  in  California.  A  man 
kept  a  boarding-house  at  a  mining  camp,  and  his  board- 
ers did  not  pay.  He  called  them  up  and  informed  them 
that  he  could  not  afford  to  keep  them  without  pay,  and 
asked  them  what  they  would  advise  him  to  do.  They 
replied  that,  if  he  could  not  afford  to  keep  them  without 
pay,  they  would  advise  him  to  sell  out  to  some  one  who 
could. 

A  lawyer  about  thirty-five  years  of   age  induced 


INCIDENTS. 


371 


Cook  to  endorse  for  him  to  the  amount  of  one  thousand 
dollars,  and  Cook  had  to  pay  the  note.  There  was  a 
political  convention  held  in  San  Jose  in  the  summer  of 
1851,  and  Cook  and  myself  among  others  were  specta- 
tors. This  lawyer  was  an  eloquent  man  and  ?■  most 
ready  debater,  and  appeared  before  the  convenj  n  as 
an  aspirant  for  a  nomination.  He  made  a  mosi  admir- 
able speech,  and  when  he  had  resumed  hi*^  seat  i^ook 
most   promptly  addressed  the   president   as   follows  : 

"Mr.  P""-i'lent,  I  really  wish  you  would  give  IMr. 

some  office.  He  owes  me  a  thousand  dollars,  and  I  want 
my  money."  This  proposition  was  so  clear  and  so  r;iuch 
to  the  point  that  our  ready  and  most  voluble  lawyer 
could  make  no  reply,  and  was  for  once  silent.  Were  I 
allowed  to  make  a  distinction,  and  to  mark  it  with  a 
new  term  coined  in  this  city  by  an  obscure  person,  I 
should  say  that  a  man  who  devotes  most  of  his  time  to 
politics,  and  yet  pays  his  honest  debts,  is  properly  called 
a  politician,  but  a  man  who  devotes  most  of  his  time  to 
politics,  and  does  not  pay  his  honest  debts,  should  be 
called  a  "  politicioner." 

By  going  upon  the  official  bonds  and  endorsing  the 
notes  of  others.  Cook  soon  lost  most  of  his  property. 
"  He  had  his  joke,  and  they  had  his  estate." 

For  some  years  after  the  discovery  of  gold  in  Cali- 
fornia it  was  dangerous  for  a  man  of  property  to  be 
absent  from  the  State  even  for  a  few  months,  as  others 
were  almost  certain  to  administer  upon  his  estate  during 
his  absence  in  some  form  or  other,  ^f  he  appointed  an 
agent,  the  owner  would  be  very  likely  to  find  upon  his 
return  that  his  agent  had  sold  his  property  and  ab- 
sconded with  the  proceeds.  If  he  left  no  agent,  he 
found  his  real  estate  in  possession  of  squatters. 

In  some  cases  regular  letters  of  administration  were 
17 


I'll 


> 


oil 


) 


i  i 


if: 


I 


il 


II'    t 


;i 


372 


RECOLLECTIONS  OF  AN  OLD  PIONEER, 


taken  out.     Mr. was  County  Recorder  in  one  of 

our  best  counties  for  two  years.  He  acquired  some 
valuable  real  estate,  and  then  went  upon  a  visit  to  bis 
native  State,  and  was  absent  between  two  and  three 
years.  Upon  his  return  to  California,  he  was  astonished 
and  hugely  disgusted  to  find  that  during  his  absence 
regular  letters  of  administration  had  been  granted,  and 
the  administrator  was  in  possession  of  the  estate.  Al- 
though he  was  a  man  of  fine  manners  and  of  good  edu- 
cation, he  was  noted  for  his  homely  features  ;  and  upon 
this  occasion  his  personal  beauty  was  not  improved. 


INCREDULITY  OF  THE  TEGPLE  EAST  AS  TO  THE  TRUE 
FACTS  IN  REGARD  TO  CALIFORNIA SCURVY AD- 
MISSION OF  CALIFORNIA  INTO  THE  UNION — STAGE- 
RACE — CHOLERA. 

The  productions  of  California  are  so  different  from 
those  of  the  States  east  of  the  Rocky  Mountains  that 
the  people  of  the  older  States  would  not  for  some  years 
believe  the  truth,  though  stated  by  the  jnost  worthy  and 
reliable  persons.  As  illustrative  of  this  state  of  incre- 
dulity, I  will  relate  the  following  incidents  : 

Cary  Peebles  (now  a  resident  of  Santa  Clara  County) 
and  myself  were  schoolmates  in  old  Franklin,  Missouri, 
as  early  as  1820.  When  gold  was  discovered  in  Cali- 
fornia, he  resided  in  Lafayette,  one  of  the  best  counties 
in  Missouri,  wLcre  he  kept  a  country  store.  Late  in  the 
fall  of  1848  he  received  a  long  letter  from  a  trustwor- 
thy friend  in  California,  giving  a  fair  and  truthful  de- 
scription of  our  gold-mines.  A  large  crowd  assembled 
at  the  store  to  hear  this  letter  read.  Peebles  had  not 
proceeded  far  with  the  reading  when  some  one  in  the 
crowd  gave  a,  loud,  shrill  whistle,  and  then  exclaimed, 


ill'   "    * 


PRODUCTIONS  IN  CALIFORNIA. 


373 


in  one  of 
uired  Bome 
visit  to  bis 
)  and  three 
9  astonished 
his  absence 
granted,  and 
"estate.     Al- 
of  good  cdu- 
js ;  and  upon 
inproved. 

TO  THE  TBUB 
SCURVY — AD- 
INION— STAGE- 

different  from 
lountains  that 
for  some  years 
ost  worthy  and 
i  state  of  incre- 

its : 

1  Clara  County) 

nklin,  Missouri, 

covered  in  CaU- 

he  best  counties 

)re.    Late  in  the 

rom  a  trustwor- 

md  truthful  de- 

_;.-owd  assembled 

Peebles  had  not 

some  one  in  the 

then  exclaimed. 


:r 


"  Isn't  that  a  whopper  !  "  This  was  followed  by  a  uni- 
versal roar  of  laughter,  as  loud  as  stout  lungs  and  large 
throats  could  utter.  When  the  tumult  at  length  ceased, 
Peebles  continued  his  reading,  and  was  several  times 
greeted  with  the  same  derisive  laughter.  Had  he  been 
the  author  of  the  letter,  he  would  have  been  laughed  to 
silence  and  to  scorn. 

Page,  Bacon  &  Co.  were  extensive  bankers  in  St. 
Louis  ;  and  in  the  latter  part  of  1849,  or  the  beginning 
of  1850,  they  established  two  branches  of  their  house 
in  California — one  in  San  Francisco,  and  the  other  in 
Sacramento  City.  The  senior  partner,  "  old  man  Page," 
commenced  business  in  St.  Louis  in  early  manhood  as  a 
baker,  prospered  in  that  line  for  a  timo,  and  then  com- 
menced banking,  and  still  prospered.  The  branch  in 
San  Francisco  was  managed  by  Judge  Chambers  and 
Henry  Haight,  and  that  in  Sacramento  City  by  Frank 
Page,  son  of  the  senior  partner.  In  1852  Frank  re- 
turned to  St.  Louis  on  a  visit ;  and  one  day  at  dinner, 
at  his  father's  house,  they  had  some  onions  on  the  table. 
Frank  remarked  that  those  were  very  small  onions.  His 
father  replied  that  they  were  the  largest  to  be  had  in 
the  market.  Frank  very  innocently  and  thoughtlessly 
said  that  in  California  we  grew  onions  almost  as  large 
as  a  man's  hat-crown.  Upon  this  the  fifteen  or  twenty 
guests  at  table  threw  themselves  back  in  their  seats  and 
laughed  most  immoderately.  Frank  was  deeply  morti- 
fied, because  he  was  perfectly  alone  and  entirely  help- 
less. He  had  always  been  truthful  ;  and,  while  they 
were  too  polite  to  say  in  words  that  they  did  not  be- 
lieve him,  thv  y  plainly  said  so  by  their  actions.  Dur- 
ing tho  remainder  of  his  visit,  whenever,  in  answer  to 
inqu'nes,  ho  would  state  any  fact  in  regard  to  Califor- 
nia that  exceeded  their  Missouri  experience,  his  father 


41 


!    I,    ' 


4 


h 


'H 


I » 


(''    I 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


would  take  off  his  hat,  run  his  thumb  slowly  around 
the  crown,  and  look  slyly  at  Frank,  as  much  as  to 
say,  "  Another  onion  story,  ray  son."  Frank  became  so 
unhappy  from  this  quizzing  that  he  hastened  his  return 
to  California  sooner  than  he  otherwise  would  have 
done. 

In  the  fall  of  1853  the  old  gentleman  himself  came 
to  California  for  the  first  time.  Frank  had  not  forgot- 
ten the  treatment  he  received  in  St.  Louis,  and,  when 
his  father  came  to  Sacramento  City,  quietly  invited  him 
to  take  a  walk.  He  took  his  father  around  the  citv, 
and,  after  showing  him  various  establishments,  brought 
him  to  a  large  agricultural  warehouse,  where  he  showed 
him  large  beets,  squashes,  melons,  and  potatoes.  Finally 
stopping  in  front  of  some  sacks  containing  large  onions, 
he  said,  "  Father,  look  there,"  and  then  took  off  his  hat 
and  slowly  ran  his  thumb  around  the  crown  as  his  fa- 
ther had  done,  and  slyly  asked  his  father  what  he  thought 
of  those  onions.  The  old  man  gazed  with  surprise  at 
the  onions,  his  face  flushed,  and  after  a  time  he  said, 
"  Frank,  I  give  it  up.  I  never  could  have  believed  that 
onions  so  large  could  bo  groAvn  anywhere,  had  I  not 
seen  them  with  my  own  eyes." 

On  one  occasion,  one  of  our  people  was  returning 
east  upon  a  visit,  and  toA  with  him  one  of  our  large 
potatoes,  carefully  put  up  in  whisky  to  prevent  shrink- 
age. One  day,  in  a  large  concourse  of  people  in  New 
York,  the  conversation  turned  upon  the  size  of  Califor- 
nia vegetables.  He  said  that  he  had  seen  potatoes 
weighing  so  much  each.  His  statement  being  disputed, 
he  put  them  to  silence  by  producing  his  potato. 

There  are  very  good  reasons  why  our  vegetables  are 
so  large.  First,  the  soil  is  very  ricli ;  secondly,  there  is 
an  ample  and  uniform  supply  of  moisture  by  irrigation  ; 


H<  i 


I. 

^ly  around 
auch  as  to 
:  became  so 
i  his  return 
^ould   have 

imself  came 
.  not  f  orgot- 
»,  and,  wbcn 
J  invited  liim 
^nd  the  city, 
ents,  brought 
ire  he  showed 
toes.    Finally 
•  large  onions, 
!ok  off  his  hat 
)wn  as  his  fa- 
hat  he  thought 
th  surprise  at 
,  time  he  said, 
3  believed  that 
ere,  had  I  not 


STAGE-RACE. 


375 


le 


was  returning 
of  our  large 
l^rcvont  shrink- 
pcoplo  in  New 
size  of  Califor- 
seen  potatoes 
being  disputed, 

potato, 
r  vcgctahles  are 
icondly,  there  is 
re  by  irrigation ; 


third,  the  growing  season  is  very  long.  These  facts 
fully  account  for  the  large  size  of  our  vegetables. 

Before  the  production  of  a  sufficient  supply  of  vege- 
tables in  California,  those  working  in  the  mines  were 
often  afflicted  with  scurvy.  These  attacks  ceased  with 
ample  supplies  of  fresh  meats  and  vegetables. 

The  State  of  California  was  admitted  into  the  Union 
September  9,  1850.  It  so  happened  that  I  arrived  in 
San  Francisco,  on  my  return  from  Sacramento  City,  the 
same  day  of  the  arrival  of  the  steamer  from  Panama 
bringing  the  welcome  intelligence  of  this  event.  We 
liad  a  large  and  enthusiastic  meeting  in  Portsmouth 
Square  that  evening.  Next  morning  I  left  for  San  Jos6 
on  one  of  Crandall's  stages.  He  was  one  of  the  cele- 
brated stage-men  of  California,  like  Foss  and  Monk. 
He  was  a  most  excellent  man,  and  a  cool,  kind,  but  de- 
tennined  and  skillful  driver.  On  this  occasion  he  drove 
himself,  and  I  occupied  the  top  front  seat  beside  him. 
There  were  then  two  rival  stage-lines  to  San  Jos6,  and 
this  was  the  time  to  test  their  speed.  After  passing 
over  the  sandy  road  to  the  Mission,  there  was  some  of 
the  most  rapid  driving  that  I  ever  witnessed.  The  dis- 
tance was  some  fifty  miles,  most  of  the  route  being  over 
smooth,  dry,  hard  prairie  ;  and  the  drivers  put  their 
mustang  teams  to  the  utmost  of  their  speed.  As  we 
flew  past  on  our  rapid  course,  tlie  people  flocked  to  the 
road  to  see  what  caused  our  fast  driving  and  loud 
shouting,  and,  without  slackening  our  speed  in  the 
slightest  degree,  we  took  off  our  hats,  waved  them 
around  our  heads,  and  shouted  at  the  tops  of  our  voices, 
"  California  is  admitted  into  the  Uiuon  i  "  Upon  this 
announcement  the  people  along  the  road  cheered  as 
loudly  and  heartily  as  possible.  I  never  witnessed  a 
scene  more  exciting,  and  never  felt  more  enthusiastic. 


'1 


i 


'.- 


V 


¥; 


1 


% 


r' 


ft 


W 

r 


It 


M 


376 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


ViJ 


I  never  can  forget  Crandall's  race.  He  beat  his  com- 
petitor only  a  few  moments.  Poor  fellow  !  When  he 
became  old  and  stiff,  he  was  thrown  from  his  seat  while 
driving  his  stage,  by  one  of  the  wheels  suddenly  drop- 
ping into  a  deep  hole,  and  fell  upon  the  dry,  hard  earth 
with  such  violence  that  he  never  recovered.  A  cele- 
brated stage-driver  over  the  mountainous  roads  in  the 
State  of  Nevada,  who  was  beloved  by  all  who  knew  him, 
on  his  death-bed  a  few  years  ago,  after  his  sight  had 
vanished,  mournfully  remarked,  "  I  can't  get  my  foot  on 
the  brakes." 

In  November,  1850,  the  cholera  prevailed  in  Cali- 
fornia to  a  fearful  extent.  The  loss  in  Sacramento  City, 
according  to  the  best  estimate  I  am  able  to  make,  was 
about  fifteen  per  cent,  of  the  population  ;  in  San  Jose, 
ten  per  cent.  ;  and  in  San  Francisco,  five  per  cent. 


Vi  (I 


llFl 


^-i^ 


!'f'1 


EXTRACTS   FEGM    MY   SECOND   ANNUAL   MESSAGE — RESIG- 
NATION  OP   THE    OFFICE    OF    GOVERNOR. 

The  admission  of  California  into  the  Union  settled 
all  questions  as  to  the  legality  of  our  State  Government, 
but  did  not  remove  the  difficulties  incident  to  our  pecu- 
liar condition.  The  following  extracts  are  taken  from 
my  second  annual  message  : 

Tho  attempt  to  administer  the  State  Government  during  tlio 
past  year  has  been  attended  by  many  difficulties.  To  start  a 
new  system  under  ordinary  circumstances  is  no  easy  task,  but 
no  new  State  lias  ever  been  encompassed  witb  so  many  embar- 
rassments as  California.  Our  people  formed  a  mixed  and  mul- 
titudinous host  from  all  sections  of  our  widely  extended  coun- 
try, and  from  olmost  every  clime  and  nation  in  the  world,  with 
all  their  discordant  views,  feelings,  prejudices,  and  o[)inion8, 
and,  thrown  together  like  tho  sudden  assemblage  of  a  mighty 


EXTRACTS  FROM  SECOND  ANNUAL  MESSAGE.     377 


(J:'< 


it  his  com- 
Whcn  he 
}  seat  while 
ienly  drop- 
hard  earth 
id.     A  eele- 
oads  in  the 
d  knew  him, 
s  sight  had 
i  my  foot  on 

led  in  Cali- 
imento  City, 
o  make,  was 
in  San  Jose, 
ur  cent. 


5AGE— RESIG- 
INOE. 

Jnion  settled 
Government, 
t  to  our  pecu- 
i-e  taken  from 


iicnt  (hiring  tlio 
es.  To  start  a 
0  easy  task,  bxit 
!0  many  cmbar- 
niixed  and  nuil- 
extendod  coun- 
the  world,  with 
and  opinions, 
ago  of  a  mighty 


array,  they  had  no  time  to  compare  notes  or  interchange  opin- 
ions. Besides  this,  a  majority  considered  themselves  only  tem- 
porary residents,  and  had  therefore  no  permanent  interest  in 
sustaining  the  State  Government.  Serious  resistance  to  the 
execution  of  the  laws  was  threatened  in  some  instances,  and  a 
very  unfortunate  disturbance  occurred  at  Sacramento  City,  in 
reference  to  which  it  would  be  improper  to  express  an  opinion, 
as  the  facts  of  the  case  will  be  inquired  into  by  the  competent 
judicial  tribunals. 

The  first  session  of  the  Legislature  had  more  difficulties  to 
meet  than  perhaps  the  Legislature  of  any  other  State.  That 
body  had  no  beaten  road  to  travel,  no  safe  precedents  to  follow. 
California  required  a  new  system,  adapted  to  her  new  and 
anomalous  condition.  What  that  new  system  should  be,  time 
and  experience  could  aloue  determine.  With  the  experience 
of  the  past  year  before  us,  we  may  be  enabled  to  make  some 
useful  and  necessary  amendments.  I  have  suggested  such  as 
have  appeared  to  me  the  most  important.  It  will  be  doubtless 
necessary  to  amend  the  acts  of  the  last  session  in  many  respects, 
but  I  would  respectfully  suggest  tlie  propriety  of  making  no 
amendments  cxcei)t  where  manifestly  required.  The  people 
have  now  become  accustomed  to  the  laws  as  they  are,  and  by 
making  but  few  amendments  a  heavy  amount  of  expense  may 
be  saved  to  the  State. 

On  the  9th  day  of  January,  1851,  I  sent  to  both 
V  ses  my  resignation  as  Governor  of  the  State  in  the 
following  words  : 

Gentlemen  of  the  Sexate  and  Assembly: 

Circumstances  entirely  unexpected  and  unforeseen  by  me, 
and  over  which  I  could  have  no  control,  render  it  indispensable 
that  I  should  devote  all  my  time  and  attention  to  my  private 
affairs.  I  therefore  tender  to  both  Houses  of  the  Legislature 
my  resignation  as  Governor  of  the  State. 

I  leave  the  high  office  to  which  1  was  called  by  tlie  voluntary 
voice  of  my  countrymen  with  but  one  regret — that  my  feeble 
abilities  have  allowed  me  to  accomplish  so  little  for  the  State. 


I 


I 


\ 


w\ 


1 1  ^d 


r  i 


'if. 


1;''/ 


mu 


I  i 


378 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


ii 


In  the  humble  sphere  of  a  private  citizen,  I  shall  still  cherish 
for  her  that  ardent  attachment  she  so  justly  merits.  Within  her 
serene  and  sunny  limits  I  intend  to  spend  the  remainder  of  my 
days,  many  or  few ;  and,  should  an  unfortunate  crisis  ever  arise 
when  such  a  sacrifice  might  be  available  and  necessary  for  her 
safety,  my  limited  fortune  and  fame,  and  my  life,  will  be  at 
her  disposal.  Peter  H.  Bubnett. 

San  Jos6,  January  8,  1S51. 

This  resignation  was  accepted,  and  my  connection 
with  the  State  as  her  Governor  thus  terminated. 

RESUME  THE  PRACTICE  OF  THE  LAW — DEATH  OF  JUDGE 
JONES — PASSENGERS  OF  THE  MARGARET — A  FAITH- 
FUL SON.  ■"■       ■    • 

After  resigning  the  office  of  Governor,  I  resumed 
the  practice  of  the  law  in  partnership  with  C.  T.  Ryland 
and  William  T.  Wallace.  We  had  a  good  practice  ; 
but  a  large  portion  of  my  own  time  was  given  to  my 
private  affairs,  as  they  needed  my  prompt  attention. 

In  December,  1851,  Judge  Jones  died  in  San  Jose, 
and  I  copy  the  account  of  that  sad  event  as  I  find  it  re- 
corded by  myself,  within  a  few  day  thereafter,  except 
the  day  of  the  month,  which  I  afterward  ascertained 
and  filled  the  blank  I  had  left. 

The  Hon.  James  M.  Jones,  Judj^o  of  the  United  States  Dis- 
trict Court  for  the  Southern  District  of  California,  died  at  San 
Jo86  on  the  15th  day  of  December,  1851. 

I  can  not  in  justice  to  the  deceased,  as  well  as  to  my  own 
feelings,  refrain  from  putting  on  record  the  substance  of  a  long 
private  interview  1  bad  with  this  gifted  and  accomplished  young 
judge  the  day  before  his  death.  I  first  knew  the  deceased, 
while  he  attended  as  a  member  of  the  Convention  at  Monterey, 
in  September,  1849.  He  was  then  about  twenty-seven  years 
old,  a  good  and  ripe  scholar  in  tbe  Spanish,  French,  and  English 


IT' 


1 1 


H! 


DEATH  OF  JUDGE  JONES. 


379 


If 


still  cherish 
AVithin  her 
inder  of  my 
818  ever  arise 
ssary  for  her 
e,  will  he  at 

BXIBNETT. 

'  connection 
ated. 

rH  OF   JUDGE 
;T — A    FAITH- 

or,  I  resumed 
C.  T.  Byland 
3od  practice  ; 
given  to  my 
attention, 
in  San  Jos6, 
as  I  find  it  re- 
■eafter,  except 
•d  ascertained 


lited  States  Dis- 
pnia,  died  at  San 

ell  as  to  my  own 
Ihstance  of  a  long 
Lmplished  young 
[w  the  deceased, 
[tiou  at  Monterey, 
lenty-seven  years 
[cnch,  and  English 


languages,  which,  I  am  informed,  he  wrote  and  spoke  with  ease 
and  elegance,  and  that  he  also  had  a  considerable  knowledge  of 
the  German  and  Italian.  At  the  period  when  I  first  knew  him, 
I  resided  at  San  Jos6  with  my  family;  and,  immediately  after 
the  adjournment  of  the  Convention,  he  came  to  that  place,  and 
established  himself  in  the  practice  of  the  law.  His  indefatigable 
perseverance,  his  eminent  knowledge  of  his  profession,  and  his 
chaste,  earnest,  and  beautiful  style  of  elocution,  soon  procured 
him  a  most  lucrative  practice.  While  I  filled  the  position  of 
Governor  of  the  State,  in  the  beginning  of  1850,  I  had  frequent 
conversations  with  him  upon  legal  questions,  and  he  was  fre- 
quently a  visitor  at  my  house.  In  reference  to  his  own  aims 
and  prospects  in  life  he  maintained  a  great  reserve,  never  ob- 
truding his  private  affairs  upon  the  public,  ile  pursued  any 
object  he  had  in  view  with  great  earnestness  and  energy  ;  and 
to  excessive  application  to  his  laborious  profession  his  early  and 
untimely  death  is  doubtless  in  part  to  be  attributed.  I  knew 
nothing  of  his  early  history,  except  what  I  learned  during  the 
interview  before  mentioned. 

I  visited  him  on  Sunday  evening.  It  was  a  warm,  bright, 
and  lovely  day.  I  found  him  in  the  last  stage  of  consumption, 
wasted  away  to  a  skeleton,  but  in  the  full  possession  of  his 
senses,  entirely  convinced  of  the  near  approach  of  death,  and 
perfectly  collected  and  resigned.  After  saluting  me  and  asking 
me  to  be  seated,  he  held  up  in  his  thin,  pale,  and  bloodless 
fingers  a  cross  which  ho  had  suspended  from  his  neck,  and  in 
tlie  most  feeling  manner  said :  "  Governor !  this  is  the  image  of 
our  most  holy  Catholic  Faith — the  representative  of  that  cross 
upon  which  Jesus  died.  You  have  doubtless  heard  that  I  had 
joined  the  venerable  old  Catholic  Church.  I  have  never  been 
an  infidel,  I  had  examined  the  positive  evidences  for  Chris- 
tianity, and  they  greatly  preponderated  in  favor  of  its  truth ; 
and,  taken  in  connection  with  its  appropriate  fitness  to  man's 
wants  and  nature,  it  was,  as  a  lawyer  would  say,  a  plain  case 
upon  the  face  of  the  papers.  But,  although  a  believer  in  reli- 
gion, I  deferred  embracing  it,  because  it  required  me  to  give  up 
pleasures  that  I  ihen  looked  upon  with  affection,  but  which  I 
now  regard  as  of  no  moment.    I  had  also  spent  most  of  my  time 


i 


II'' J 

i 

i!*'" 


*!,i:: 
t 


S 


it* 


M.n 


im; 


i-  i  I  *' 


Ii    f 


pi  i 


i 


I 


380 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


in  new  countries,  in  the  midst  of  the  exciting  and  confused 
scenes  incident  to  a  new  and  unsettled  state  of  society ;  and  my 
peculiar  cast  of  mind  had  thrown  me  into  relations  and  busi- 
ness with  others  that  called  away  my  attention  from  God,  my 
Maker.  Had  I  been  a  permanent  resident  of  an  old  and  regular 
community,  I  think  I  should  have  been  an  early  member  of  the 
Church.  I  "Iso  looked  upon  our  faith  as  peculiarly  hard  and 
exacting ;  but,  oh  I  if  I  were  only  well  and  able,  it  would  bo  a 
pleasure,  instead  of  a  labor,  to  me  to  enter  into  the  house  of 
God  with  His  children,  and  there  spend  every  moment  I  could 
possibly  spare  in  His  service.  But  I  have  deferred  it  so  long. 
I  have  prayed  to  Jesus  for  the  pardon  of  my  sins.  The  greatest 
sin  I  have  ever  committed — that  which  has  given  me  more  pain, 
and  that  which  I  deplore  more,  than  all  others — is  the  fact 
that  I  deferred  repentance  to  near  the  end  of  my  existence — 
until  my  last  sickness.  Oh  that  I  had  given  God  my  early 
days!  I  have  repented  of  it  most  bitterly.  It  is  all  that  I 
could  do.  I  know  that  death-bed  repentances  are  not  generally 
entitled  to  much  confidence ;  but  I  am  sure  that,  were  I  to  re- 
cover, I  should  henceforward  lead  a  different  life.  The  world 
may  say  that  my  repentance  is  forced  and  not  sincere ;  but  the 
world  may  say  what  it  pleases,  it  will  not  alter  the .  fact.  I 
know  that  I  am  sincere,  and  I  can  well  spare  the  shadow  if  I  can 
get  the  substance.  If  I  can  only  get  to  heaven,  I  will  be  content. 
I  trust  in  the  merits  of  Christ.  I  look  to  Ills  mercy  for  pardon. 
"  And  now.  Governor,  if  I  may  be  allowed  to  turn  from 
heavenly  to  earthly  subjects,  I  wish  to  mention  a  few  things  to 
you.  My  father  has  been  dead  many  years,  and  my  mother  was 
twice  married.  I  was  a  child  by  the  first  marriage.  There  are 
two  children  living,  the  issue  of  the  second  marriage — one  a  son 
of  eleven  years  of  age,  and  the  other  a  daughter  of  tliirteen. 
My  brother  is  an  innocent,  prattling  boy,  of  modest  and  quiet 
demeanor,  and  he  loved  me  much.  My  sister  is  a  kind  and 
amiable  girl.  The  great  object  I  had  in  view  iu  all  my  exer- 
tions to  accumulate  property  was  to  make  these  children  happy 
and  comfortable.  For  this  end  I  denied  myself  most  of  the 
luxuries  and  many  of  the  comforts  of  life.  I  have  often  thought 
with  pleasure,  when  refraining  from  some  object  I  was  tempted 


'•\ 


M   i 


DEATH  OF  JUDGE  JONES. 


381 


td  confused 
ty,  and  my 
19  and  busi- 
om  God,  my 
.  and  regular 
ember  of  tbo 
rlj  hard  and 
t  would  bo  a 
the  house  of 
jment  I  could 
2d  it  80  long. 
The  greatest 
mo  more  pain, 
9_is  the  fact 
ny  existence- 
God  my  early 
It  is  all  that  I 
•e  not  generally 
;  were  1  to  re- 
ife.    The  world 
sincere;  but  the 
;er  the. fact.    I 
shadow  if  I  can 
,  will  be  content. 
,crcy  for  pardon. 
,d  to  turn  from 
a  few  things  to 
my  mother  was 
•iage.    There  are 
•riage-ono  a  son 
uter  of  thirteen, 
modest  and  quiet 
.r  is  a  kind  and 
w  in  all  my  exer- 
se  children  happy 
krself  most  of  the 
lave  often  thought 

[oct  I  was  tempted 


^1 


to  purchase,  that  by  doing  so  I  might  render  these  children 
happy  for  six  months.  This  was  the  great  object  for  which  I 
toiled — the  object "  (laying  his  hand  upon  his  breast)  "  dearest 
to  my  heart.  It  was  to  me  as  a  green  leaf  in  a  desert.  I  have 
not  sought  fame ;  I  cared  but  little  for  the  opinions  of  men. 

"I  wished  also  to  make  my  mother  happy  in  her  old  age. 
And  such  a  mother !  She  loved  me  under  all  circumstances. 
She  could  love  more  than  I.  She  had  such  a  depth  of  affection 
— such  a  pure  fountain  of  love.  She  loved  all  her  children ; 
but  there  was  so  great  a  disparity  in  our  ages  that  she  loved 
me  much  the  longest.  She  died  not  long  since,  and  of  the  same 
disease  that  I  have  now.  We  were  both  of  us  sick  at  the  same 
time,  but  so  distant  that  neither  could  go  to  the  other.  Her 
death  crushed  me — gave  me  the  last  fatal  blow.  Since  that 
time  I  have  not  seen  a  happy  moment.  The  only  happiness  I 
have  since  enjoyed  was  mere  freedom  from  pain.  I  had  de- 
sired that  my  mother  should  spend  her  last  days  with  mo  in 
California.  I  wished  to  make  her  last  days  happy.  But  I  have 
been  disappointed.  God  has  taken  her  away.  He  has  chas- 
tened me  for  my  good.  It  has  been  to  lae  a  severe  but  just 
chastisement. 

"  I  wish,  Governor,  to  make  one  request  of  you.  I  have 
made  my  will,  and  left  Mr.  Mel  one  my  executor.  I  wish  you 
to  render  him  what  assistance  you  can  in  closing  up  the  busi- 
ness of  my  estate.  But  I  make  this  request  with  this  distinct 
condition,  that,  if  you  can  do  more  justice  to  your  family  by 
taking  claims  for  collection  against  my  estate,  I  wish  you  by  all 
means  to  do  so.  We  are  commanded  to  love  our  neighbors  as 
ourselves ;  but  a  man's  family  are  his  nearest  neighbors,  and  es- 
pecially such  a  family  as  yours." 

During  this  most  affecting  interview  I  could  not  but  often 
weep.  When  he  saw  me  weeping  he  said,  "  Governor,  you  are 
a  good  Christian." 

By  his  will  he  left  his  property  in  equal  portions  to  his 

brother  and  sister,  except  that  ten  per  cent,  of  the  amount  of 

his  estate  was  to  be  appropriated  in  the  erection  of  a  tomb  for 

his  mother. 

Peter  H.  Burnett. 


f 


vt 


i'l 


<3 


11 


,!'*- 


■(■i 


r.i 


i) 


,,  'H 


ky 


^3. 


s." 

111 


kti.%i 


I 


382 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Among  the  other  successful  lawyers  whom  I  have 
known  in  California,  and  who  came  here  in  1849,  was  a 
young  man  who  told  me  in  after  years  the  cause  of  his 
coming  to  this  country.  His  father  and  mother,  broth- 
ers and  sisters,  had  resided  in  the  old  homestead  for 
many  years.  It  was  situated  in  a  town  in  one  of  the 
New  England  States.  It  had  descended  to  his  father 
from  his  grandfather,  and  had  been  possessed  by  the 
family  for  one  or  more  centuries.  Some  time  before 
he  left  for  California,  his  father  endorsed  for  a  friend, 
and  the  old  place  had  been  sold  to  pay  the  debt. 
From  a  competency  and  a  good  home,  they  had  come 
to  poverty.  This  had  caused  the  family  much  sor- 
row. His  parents  were  too  old  to  begin  life  anew 
successfully.  He  himself  was  just  setting  out  in  life. 
Under  these  painful  circumstances,  he  said,  he  deter- 
mined with  himself  that  he  would  come  to  Califor- 
nia, and,  if  brains  and  honest  industry  would  suc- 
ceed, he  would  accumulate  enough  means  to  repur- 
chase the  old  family  mansion,  and  make  his  old  par- 
ents comfortable  the  remainder  of  their  lives.  He 
was  successful ;  and  within  a  few  years  he  returned 
with  ample  funds,  repurchased  the  ancestral  domi- 
cile, and  placed  his  parents  within  the  pleasant  old 
home  in  which  he  himself  was  born.  During  their 
remaining  days  they  were  well  provided  for  by  this 
faithful  son. 

But,  while  a  portion  of  those  who  came  early  to  Cali- 
fornia to  improve  their  condition  succeeded  well,  much 
the  larger  number  utterly  failed.  Many  came  to  pre- 
mature deaths  by  violence,  accidents,  and  sickness  caused 
by  excessive  hardships  and  privations.  I  should  think 
that  about  thirty  per  cent,  of  the  early  immigrants  per- 
ished in  this  manner.     I  was  told  that  a  party  of  about 


PASSENGEllS  OF  THE  MARGARET. 


383 


m  1  bave 

49,  was  a 

ise  of  bis 

ler,  btotb- 

lestead  for 

3ne  of  tlie 
liis  father 

sed  by  the 

ime  before 

or  a  friend, 

r  the  debt. 

y  bad  come 
xnucb  8or- 

in  life  anew 

T  out  in  life. 

id,  be  deter- 

e  to  Califor- 

•  would  svic- 

in8  to  repur- 
his  old  par- 
ir  lives.     He 
^  ]ie  returned 
^cestral  domi- 
pleasant  old 
During  their 
|d  for  by  this 

yearly  to  Cali- 
lled  well,  much 
\t  came  to  pre- 
iickness  caused 
Jl  should  think 
timigrants  per- 
fparty  of  about 


thirty  miners  from  Texas  lost  one  half  of  their  number 
in  personal  conflicts. 

As  illustrative  of  the  sad  fates  of  so  many  in  early 
life,  I  will  quote  the  following  lines,  composed  by  B.  L. 
d'Aumaile  while  a  prisoner  in  San  Francisco,  and  first 
published  in  the  latter  part  of  1856  or  the  beginning  of 
1857.  There  was  reason  to  believe  that  the  author  was 
not  guilty  of  the  crime  alleged  against  him.  The  first 
graveyard  in  San  Francisco  was  on  Russian  Hill,  so 
named  from  the  fact  that  the  first  person  buried  there 
was  a  native  of  Russia.  Though  the  fates  of  the  pas- 
sengers of  the  Margaret  were  exceptionally  sad,  they 
are  still  illustrative  of  the  conditions  of  the  early  gold- 
seekers. 

I  stood  on  the  barren  summit 

Of  the  lonely  Russian  Hill, 
With  a  grass-grown  grave  beside  me, 

On  a  Sabbath  morning  still, 
And  sighed  for  my  old  companions. 

Scattered  through  every  zone, 
Who  sailed  in  the  Margaret  with  me 

But  seven  short  years  agono. 

Yes,  seven  brief  summers  only 

Have  rolled  past  since  that  day ; 
'Twas  a  balmy,  soft  June  evening 

When  we  anchored  in  the  bay. 
Of  the  sixteen  buoyant  spirits 

Enrolled  in  our  companie. 
Twelve  lie  the  green  sod  under, 

And  three  arc  lost  for  aye. 


The  first  at  my  feet  was  lying, 
I  ar  from  his  native  home ; 

I  had  watched  by  his  bedside  dying, 
Slain  by  the  curse  of  rum. 


i  *\ 

V 


<r'4 


A 


I, J 


hi 

•  >■  if  t 


4 


I: 


i^     I  i 


4*ti    r 


384  RECOLLECTIONS  OF  AN  OLD  PIONEER. 

In  the  dark  and  rocky  cafion, 
Where  the  Fresno's  waters  flow, 

The  mangled  corpse  of  the  second 
Was  buried  long  ago. 

Three  entered  the  wild  Sierra 

To  search  for  the  golden  ore, 
But  back  from  their  quest  of  lucre 

To  our  camp  they  came  no  more. 
We  sought  them  long  and  vainly, 

But  what  their  sad  fato  had  been 
Wo  never  could  tell,  but  only 

They  never  again  were  seen. 

On  the  hills  of  the  Mariposa, 

Where  the  dead  of  '50  sleep. 
On  the  bank-side  by  the  ravine, 

Where  its  sluggish  waters  creep. 
Two  mounds,  with  long  grass  tangled — 

There  moldering,  side  by  side. 
Are  the  gambler  and  his  victim, 

The  unshriven  suicide. 

In  the  green  vale  of  the  Nuuanu, 

On  the  fair  isle  of  Oahu, 
Consumption  demanded  the  youngest, 

Most  gallant,  most  gentle,  most  true. 
The  graveyard  of  Yerba  Buena 

Claimeth  another ;  alone. 
Far  from  his  friends  and  his  kindred, 

Stands  his  monument  stone. 

One  died  in  the  Independence, 

Another  on  Chagres'  shore ; 
One  launched  on  the  Pacific 

His  bark,  and  returned  no  more. 
*'  Mourn  not  the  dead !  "  the  living  yet — 

Alas !  there  are  but  four 
Who  sailed  on  the  good  brig  Margaret — 

Better  their  doom  deplore. 


m 


SB. 


e 
re. 

en 


,ngled— 


ingest, 
)st  true. 


ttdred, 


lore, 
iving  yet — 

Siargaret — 


PASSEXGERS  OP  THE  MARGARET. 

In  the  valleys  of  Nukahiva, 

Gem  of  the  Southern  Sea, 
The  soul  of  our  band,  if  living, 

Ilath  fixed  his  destiny. 
Gladly  he  went  into  exile. 

Self- banished  from  his  kind  • 
The  stern  world's  wrong  and  o'l^pression 

Made  wreck  of  his  noble  mind. 

From  the  dungeons  of  San  Quentin 

^iscendeth  for  evermore 
The  wail  of  a  convict,  sighing 

For  the  days  that  arc  past  and  o'er. 
His  life  to  the  law  was  forfeit. 

For  the  blood  his  hand  had'shed, 
But  a  cruel  mercy  spared  him, 

To  be  'mongst  the  living  dead. 

The  last  and  saddest  of  any, 
A  sister  she  was  to  us  all. 

In  the  bloom  of  her  girlish  beauty 
Was  lured  by  a  fiend  to  her  fafl  • 

On  the  banks  of  the  Sacramento,  ' 
She  leadeth  a  life  of  shame ; 

For  her  there  is  no  redemption- 
Forgotten  bo  ever  her  name. 

The  gifted  and  brave  had  perished, 

The  beautiful  and  the  youn^  • 
All  trace  of  their  footsteps  vanished 

The  paths  of  men  from  among; 
While  I,  as  the  sole  survivor. 

Was  left  to  make  my  moan ; 
On  the  shores  of  the  broad  Pacific 

I  was  standing  all  alone. 


385 


I 


i, 


ht 


^Nl 


'p  tj 


W  "j 


I 


I 'I 


386 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


I''     I 


DEFECTIVE  ADMINISTRATION  OF  CRIMINAL  LAW  IN  CALI- 
FORNIA— ILLUSTRATIONS — PAY  THE  LAST  OF  MY  OLD 
DEBTS. 

For  some  eight  or  ten  years  after  the  organization 
vi.  our  State  government,  the  administration  of  the 
criminal  laws  was  exceedingly  defective  and  inefficient. 
This  arose  mainly  from  the  following  causes  :  1.  De- 
fective laws  and  imperfect  organization  of  the  Courts  ; 
2.  The  incompetency  of  the  district  attorneys,  who  were 
generally  young  men  without  an  adequate  knowledge  of 
the  law ;  3.  The  want  of  secure  county  prisons,  there 
being  no  penitentiary  during  most  of  that  time  ;  4.  The 
great  expense  of  keeping  prisoners  and  convicts  in  the 
county  jails  ;  5.  The  difficulty  of  enforcing  the  attend- 
ance of  witnesses;  C.  The  difficulty  of  securing  good 
jurymen,  there  being  so  large  a  proportion  of  reckless, 
sour,  disappointed,  and  unprincipled  men  then  in  the 
country  ;  7.  The  unsettled  state  of  our  land-titles,  which 
first  induced  so  many  men  to  squat  upon  the  lands  of 
the  grantees  of  Spain  and  Mexico,  and  then  to  steal 
their  cattle  to  live  upon. 

As  illustrative,  I  will  mention  the  following  cases, 
omitting  names  for  obvious  reasons  : 

A  middle-aged  native  Californian,  belonging  to  one 
of  the  richest  and  most  respectable  old  families  of  the 
country,  was  the  owner  of  an  extensive  and  fertile  ran- 
cho,  bordering  upon  the  navigable  waters  of  the  State. 
He  owned  a  large  herd  of  California  cattle,  running  on 
his  place.  Near  the  rancho  there  was  a  small  village, 
between  which  and  San  Francisco  there  was  regular  com- 
munication by  a  small  steamer.  Numbers  of  persons 
soon  engaged  in  stealing  his  calves,  having  the  carcasses 


W  IN  CALI- 
OF  MY  OLD 

iroranization 

ion  of   the 
I  ineflficient. 
scs  :  1.  I>e- 
tlie  Courts ; 
ys,  who  were 
knowledge  of 
prisons,  there 
time ;  4.  The 
)nvicts  in  the 
ig  the  attend- 
lecuring  good 
m  of  reckless, 
ti  then  in  the 
d-titles,  which 
1  the  lands  of 
then  to  steal 


,Uowing  cases, 

longing  to  one 
amilies  of  the 
,nd  fertile  ran- 
•8  of  the  State, 
ttle,  running  on 
[a  small  village, 
as  regular  com- 
.ers  of  persons 
g  the  carcasses 


DEFECTIVE  ADMINISTRATION  OF  JUSTICE.        387 

dressed  by  their  own  butcher  in  the  village,  the  veal 
shipped  to  San  Francisco  by  the  little  steamer,  and 
there  sold.  They  were  doing  quite  a  thriving  and  prof- 
itable business.  A  man  some  forty-five  years  of  age, 
residing  in  the  vicinity  with  his  family,  seeing  the  case 
and  impunity  with  which  this  thieving  traffic  was  car- 
ried on,  concluded  that  he  would  go  into  ii  himself. 
The  first  thing  he  did  in  that  line  was  to  steal  six  calves. 
But  in  the  mean  time  the  Californian,  having  seen  his 
herd  rapidly  diminishing,  had  become  very  vigilant  and 
watchful,  and  our  new  beginner  in  theft  v^as  caught  in 
the  act  and  arrested.  Upon  being  confronted  by  the 
witnesses  and  qu(  stioned,  he  confessed.  His  case  was 
brought  before  the  grand  jury,  and  he  was  indicted  for 
grand  larceny. 

His  case  excited  great  sympathy  in  the  neighbor- 
hood, and,  about  the  time  it  was  coming  on  for  trial, 
one  of  the  loading  men  of  the  vicinity  came  to  engage 
me  to  defend  the  prisoner.  I  asked  this  person  wheth- 
er the  prisoner  was  guilty.  With  a  sorrowful  expres- 
sion of  face  he  said  he  thought  he  was,  as  he  had  con- 
fessed it.  This  })erson  then  went  into  a  long  history  of 
the  prisoner.  He  said  it  was  one  of  the  saddest  cases 
he  had  ever  known ;  that  the  prisoner  had  heretofore 
borne  a  most  excellent  character — had  undoubtedly  been 
honest  all  his  life  up  to  this  time — had  a  most  estimable 
Avife  and  several  most  amiable  daughters,  one  or  two  of 
whom  were  grown  ;  that  respectable  young  men  were 
visiting  his  family ;  that  the  prisoner's  relatives  were 
excellent  people ;  and  that  he  and  his  innocent  family 
would  be  ruined  should  he  be  convicted.  After  talking 
in  this  strain  for  about  an  hour,  my  informant  seemed 
to  have  forgotten  his  admission  made  in  the  beginning 
of  his  statement,  and  closed  by  saying  with  great  ear- 


^ 


I 

'ft 


i 


!l 


,(♦ 


■  I 


388 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


!     'I, 


><<  i     I 


nestness :  "  Governor,  I  wish  you  would  do  your  best  to 
clear  bim.  He  is  a  good,  honest  fellow."  I  replied, 
"  This  thing  of  being  a  good,  honest  fellow,  and  steal- 
ing six  calves,  is  what  forty  Philadelphia  lawyers  can 
not  put  together."  This  reply  startled  him  for  a  mo- 
ment ;  but  he  soon  rallied,  and  hastily  said  :  "  But  he 
didn't  mean  any  harm  by  it.  It  was  almost  a  universal 
thing  in  the  neighborhood."  I  told  him  to  go  to  an- 
other lawyer. 

On  the  day  of  trial  the  prisoner  came  into  court 
handsomely  dressed  in  broadcloth,  and  was  a  fine-look- 
ing man.  He  appeared  as  little  like  a  thief  as  any  pris- 
oner I  have  ever  seen  in  court.  The  District  Attorney, 
being  young  and  inexperienced,  relied  solely  upon  the 
prisoner's  confession  for  a  conviction,  and  had  neglected 
to  subpoena  the  witnesses  to  the  othci  facts.  This  tes- 
timony, most  likely,  would  have  been  sufficient  without 
the  confession.  The  result  was,  that  the  prisoner's  at- 
torney objected  to  the  confession,  on  the  ground  that  it 
was  not  voluntary,  but  made  under  the  influence  of 
hope  or  fear.  The  court,  upon  investigation,  sustained 
the  objection,  the  confession  was  not  permitted  to  go 
before  the  jury,  and,  there  being  no  testimony  against 
the  prisoner,  he  was  at  once  acquitted.  This  trial  took 
place  in  1851.  I  have  lately  learned  that  this  person 
has  conducted  himself  as  an  honest  man  and  a  good 
citizen  ever  since  that  time.  There  can  be  no  reason- 
able doubt  of  the  fact  that  he  had  been  led  to  commit 
one  theft  under  the  peculiar  circumstances  mentioned, 
and  that  this  has  been  the  only  criminal  act  of  his  life. 

The  other  case  was  related  to  me  by  the  lawyer  who 
successfully  defended  the  prisoner,  and  the  facts  are 
unquestionably  true.     The  trial  occurred  about  1852. 

The  prisoner  was  a  man  of  education,  about  thirty 


ILLUSTRATIONS. 


389 


)ur  best  to 

I  replied, 

and  steal- 
twyers  can 

for  a  mo- 

:  "  But  he 

a  universal 
,0  go  to  an- 

}  into  court 
i  afine-look- 
i  as  any  pris- 
ict  Attorney, 
ely  upon  the 
lad  neglected 
;ts.     This  tes- 
icient  without 
.prisoner's  at- 
ground  that  it 
J  influence  of 
ion,  sustained 
[vmitted  to  go 
vmony  against 
rbis  trial  took 
lat  this  person 
n  and  a  good 
I  be  no  reason- 
lied  to  commit 
-cs  mentioned, 
Mi  of  his  life, 
■he  lawyer  who 
the  facts  are 
about  1852. 
In,  about  thirty 


years  old,  and  lived  in  one  of  the  finest  agricultural 
counties  in  the  State.  For  some  time  before  the  act 
was  committed,  the  people  in  the  vicinity  had  lost  sev- 
eral fine,  fat  American  cattle,  and  secretly  set  a  watch 
to  catch  the  thief.  The  watchmen  secreted  themselves, 
and,  after  waiting  some  time,  heard  the  report  of  a  rifle, 
and  saw  a  fat  cow  fall,  and  the  prisoner  rush  up  to  the 
animal  and  cut  her  throat  with  a  butcher's  knife.  While 
in  the  very  act,  and  before  he  had  removed  the  carcass, 
the  culprit  was  arrested. 

His  case  was  brought  before  the  grand  jury,  and  he 
was  indicted  for  grand  larceny  in  stealing  this  cow. 
Upon  the  trial  all  the  facts  were  fully  proven.  The 
theory  of  the  defense  was,  that  the  prisoner  intended  to 
shoot  a  dangerous  bull  ;  that  the  cow  stood  almost  in  a 
line  between  him  and  the  bull,  and  that  he  accidentally 
hit  the  cow.  While  the  prisoner's  counsel  was  arguing 
the  case  before  the  trial-jury,  the  District  Attorney  in- 
terrupted him,  and  asked  him  how  he  reconciled  the 
fact  that  the  prisoner  cut  the  cow's  throat  with  the 
theory  of  accidental  shooting?  Without  a  moment's 
hesitation  the  counsel  for  the  prisoner  replied :  "  That 
is  easily  answered.  When  the  prisoner  saw  that  he  had 
accidentally  killed  the  cow,  he  knew  it  was  best  for  all 
parties  concerned  to  bleed  the  animal  properly,  so  that 
the  carcass  would  be  good  beef,  and  thus  make  the  loss 
as  small  as  possible."  When  the  Judge  came  to  charge 
the  jury,  the  counsel  for  the  prisoner  offered  an  instruc- 
tion directing  the  jury  to  find  the  prisoner  not  guilty, 
as  the  facts  proven  showed  that  the  offense  charged  in 
the  indictment  had  not  been  committed.  lie  took  the 
ground  that,  to  constitute  the  crime  of  larceny  as 
charged,  there  must  be  both  a  taking  and  carrying  away 
of  the  property  described  in  the  indictment,  with  the 


I 


I  ■  i 

I: 


11'  h 


390 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


lii 


J, 


b  < 


|l'^         4  4 


felonious  intent  to  steal  the  same.  The  Court  was  com- 
pelled to  give  the  instruction,  and  the  prisoner  was  ac- 
quitted. That  he  killed  the  cow  with  intent  to  steal 
was  clear ;  but  that,  under  the  statute,  did  not  consti- 
tute the  completed  crime  of  grand  larceny,  as  the  pris- 
oner had  not  removed  the  carcass. 

This  man  continued  to  reside  in  the  same  vicinity 
during  the  remainder  of  his  life.  Six  or  eight  years 
after  the  trial  the  county  was  divided  by  act  of  the  Le- 
gislature, and  a  new  county  organized,  which  included 
this  man's  residence,  and  which  is  one  of  the  richest 
counties  in  the  State.  Twelve  or  fifteen  years  after  his 
acquittal  he  was  elected  County  Judge  of  this  county. 

While  he  held  this  office,  the  lawyer  who  had  success- 
fully defended  him  went  to  the  county  scat  to  attend 
to  some  professional  business,  and  while  there  walked 
into  the  court-house,  and  found  the  Judge  just  about 
to  pass  sentence  upon  a  prisoner  who  had  been  indicted, 
tried,  and  convicted  in  his  court  for  grand  larceny. 
As  the  scene  was  novel  and  most  interesting,  the  lawyer 
took  a  seat  and  listened  to  the  sentence  pronounced  by 
his  Honor,  Tlio  Judge  went  on,  in  a  solemn  and  elo- 
quent manner,  to  depict  at  length  the  atrocity  of  the 
crime  of  grand  larceny,  and  sentenced  the  prisoner  to  a 
long  term  in  the  penitentiary. 

It  was  the  extremely  defective  administration  of 
criminal  justice  in  California  for  some  years  that  led  to 
the  organization  of  so  many  vigilance  committees,  and 
filled  the  courts  of  Judge  Lynch  with  so  many  cases. 

In  the  early  portion  of  1853  I  finally  succeeded  in 
paying  the  last  dollar  of  my  old  debts.  The  total  sum 
paid  amounted  to  twenty-eight  thousand  seven  hundred 
and  forty  dollars.  I  was  henceforward  a  free  man.  I 
had  been  engaged  so  long  in  paying  old  debts  that  it 


GREAT   FIRE  IN  SACRAMENTO. 


391 


was  com- 
er was  ac- 
it  to  steal 
lot  consti- 
,s  the  pris- 

tnc  vicinity 
iight  years 

of  tbe  Le- 
ch included 
the  yichest 
ars  after  his 
lis  county, 
had  success- 
It  to  attend 
here  walked 
;e  just  about 
(ccn  indicted, 
wid   larceny, 
g,  the  lawyer 
•enounced  by 
■mn  and  elo- 
rocity  of  the 

prisoner  to  a 

inistration  of 
irs  that  led  to 
^nmitteea,  and 
lany  cases, 
succeeded  in 
Jho  total  sura 
ievcn  hundred 
free  nian.     I 
t  debts  that  it 


became  almost  habitual,  and  for  a  time  I  felt  somewhat 
lost  because  I  owed  no  m^n  anything.  It  was  a  totally 
new  position  to  me.  Our  family  learn  slowly,  but  they 
learn  well,  and  they  practice  on  what  they  know.  Since 
then  I  have  not  been  pecuniarily  embarrassed  for  a  mo- 
ment, and  I  owe  nothing  now.  I  paid  the  larger  por- 
tion of  these  old  debts  in  the  year  1850.  During  a  por- 
tion of  that  year  I  was  in  great  doubt  whether  I  should 
be  able  to  accomplish  the  object  of  so  many  years'  labor. 
The  flood  of  the  winter  of  1849-'.50  at  Sacramento  City 
not  only  caused  the  prices  of  property  and  rents  to  de- 
cline heavily,  but  increased  the  taxation  for  city  pur- 
poses enormously.  The  rate  of  taxation  that  year  for 
State,  county,  and  city  purposes,  at  Sacramento  City, 
amounted  to  ten  per  cent,  of  the  assessed  value  oi'  the 
property.  This  extra  tax  was  required  to  construct  tbe 
first  levee.  ; 

GKEAT  FIEE  IN  SACBAaiENTO  CITY ASSIST  IN  REBUILD- 
ING THE  CITY EANCIIO  OF  SAMUEL  NORRIS — COURS- 
ING  TUB   JACK-RABBIT. 

On  the  evening  of  November  2,  1852,  the  great  fire 
occurred  at  Sacramento  City,  which  swept  off  two 
thirds  of  the  town.  Imjuovements  that  cost  me  about 
twenty-five  thousand  dollars  were  consumed  in  half  an 
hour.  When  I  arrived  in  the  city  on  the  5th,  the  busi- 
ness portion  of  the  place,  with  the  exception  of  here  and 
there  a  solitary  brick  house,  was  one  waste  of  dark  deso- 
lation. The  streets  could  scarcely  be  distinguished  from 
the  blocks.  Notwithstanding  this  great  and  severe  loss, 
that  indomitable  people  were  not  at  all  discouraged  or 
unhappy.  They  even  seemed  inspirited.  You  would 
meet  with  no  downcast  looks.     No  people  that  I  ever 


'i\ 


ll^ 


■■.ji 


J 

fir  II 

if  ""i . 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


U  'II.  >i 


met  can  compare  with  those  of  Sacramento  City  in  pa- 
tience, energy,  and  unconquerable  courage.  In  San 
Francisco  they  had  two  large  and  terrible  tires  in  1851, 
but  they  had  no  floods.  In  Sacramento  City  they  had 
a  succession  of  both  fires  and  floods  ;  and  yet,  at  this 
date,  Sacramento  is  the  most  prosperous  city  in  the 
State.  All  honor  to  that  noble  people  !  On  the  10th  of 
November  the  regular  rainy  season  set  in. 

There  have  been  four  overflows  of  Sacramento  City. 
The  first  occurred  in  the  winter  of  1849-'50  the  second 
in  March,  1852,  the  third  in  the  winter  of  1852-'53,  and 
the  fourth  and  last  in  the  winter  of  1861-'62.  The 
second  passed  away  so  soon  as  to  inflict  but  little  in- 
jury comparatively,  but  the  others  were  much  longer 
in  duration  and  far  more  serious  in  their  effects.  No- 
thing could  be  done  dui'ing  the  floods,  nor  for  about 
two  months  after  the  waters  subsided. 

I  moved  to  Sacramento  City  early  in  December, 
1852,  to  assist  in  rebuilding  it.  A  proposition  was 
made  by  the  people  of  Grass  Valley  to  construct  a 
plank-road  from  that  place  either  to  Marysville  or  Sa- 
cramento. The  distance  to  Marysville  is  about  half  of 
that  to  Sacramento  City.  The  people  of  Grass  Valley 
would  be  governed  in  their  choice  of  a  terminus  of  the 
road  by  the  amount  contributed  by  each  of  the  two 
competing  cities.  The  road  to  Marysville  would  cost 
less,  but  that  to  Sacramento  would  terminate  at  the  bet- 
ter point.  A  large  public  meeting  was  held  at  Grass 
Valley  in  the  month  of  February,  1853,  and  delegates 
were  present  from  Sacramento  and  Marysville  to  rep- 
resent the  people  of  those  cities.  At  the  meeting  they 
out-talked  and  out-voted  us,  and  we  returned  rather 
cast  down ;  but  we  quietly  laid  it  up  in  our  inmost 
hearts  to  rely  solely  upon  ourselves,  and  rebuild  Sac- 


! 


m 


i  ■ 


THE  RANCHO  OF  SAMUEL  NORRIS. 


393 


hi; 


City  in  pa- 
;.  In  San 
•es  in  1851, 
y  they  had 
yet,  at  this 
-ity  in  the 
the  10th  of 

mento  City, 
the  second 
352-'53,  and 
;i_'62.     The 
)ut  little  in- 
much  longer 
efEects.    No- 
or  for  about 

n  December, 
>position  was 
construct  a 
ysville  or  Sa- 
about  half  of 
Grass  Valley 
jrminus  of  the 
■h  of  the  two 
Lie  would  cost 
Late  at  the  bet- 
held  at  Grass 
and  delegates 
ysville  to  rep- 
e  meeting  they 
eturned  rather 
in  our  inmost 
id  rebuild  Sac- 


ramento  City  before  the  people  of  Grass  Valley  and 
Marysville  could  construct  the  road  agreed  upon.  We 
went  to  work  as  soon  as  possible,  and  with  a  will ;  and 
by  the  last  of  July  we  had  the  main  streets  partly  grad- 
ed and  newly  planked,  and  by  the  middle  of  August  a 
new  levee  well  under  way.  I  never  saw  the  people  of 
any  city  work  with  more  energy.  I  was  elected  a  mem- 
ber of  the  City  Council,  and  I  never  toiled  more  ear- 
nestly, except  on  the  road  to  Oregon  in  1843,  and  for  a 
time  after  I  arrived  there  to  keep  from  starvation,  and 
in  the  gold-mines  in  1848.  My  first  visit  to  the  beauti- 
ful town  of  Grass  Valley  was  as  one  of  the  delegates 
from  Sacramento  upon  the  occasion  mentioned.  He 
who  relies  upon  himself  knows  the  man  he  trusts.  So 
it  is  with  a  people  who  rely  upon  themselves.  Self-reli- 
ance is  the  only  sure  path  to  success  in  life.  Depend 
upon  yourself,  and  you  will  not  be  apt  to  suffer  from 
divided  counsels.  • 

While  at  Sacramento  City,  in  the  fall  of  1853  and 
the  succeeding  winter,  I  was  several  times  at  the  ran- 
cho  of  Samuel  Norris.  This  place  is  about  six  miles 
from  the  city,  and  lies  upon  the  north  bank  of  the 
American  River.  As  all  our  work  in  rebuilding  the 
city  had  been  successfully  finished,  and  the  place  put  in 
the  best  condition,  I  had  a  little  time  and  inclination 
for  some  amusement.  Norris  had  four  well-trained 
dogs.  The  first  was  an  old  dog  he  called  "  Old  Bull," 
a  cross  between  the  cur  and  bull-dog.  The  others  were 
greyhounds.  The  first  of  these  was  about  five  years 
old  ;  the  other  two,  about  two  years  old,  were  brother 
and  sister.  The  slut  was  jet-black  in  color,  and  was 
one  of  the  most  beautiful  animals  I  ever  saw.  She  was 
a  little  fleeter  than  her  brother,  and  the  fleetest  of  the 
pack.     Nothing  could  exceed  the  ease  and  grace  of  her 


ill 


IK^ 


.t't 


I 


I"  *1 


ifl' 


!    1 


394 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


i:. 


1 1 


movements.  The  greyhounds  were  shut  up  during  the 
night  before  the  chase  and  kept  without  food,  because 
if  fed  they  could  not  catch  the  game. 

One  evening  Norris  told  me  how  he  had  extermi- 
nated the  numerous  coyotes  in  his  vicinity.  He  said 
that,  mounted  on  a  good  horse,  he  would  go  out  with 
his  four  dogs,  and  when  the  greyhounds  came  in  sight 
of  a  coyote,  in  the  prairie  or  in  open  woods,  they  imme- 
diately gave  chase.  When  they  had  overtaken  the  wolf, 
the  foremost  hound  would  run  full  tilt  against  him  and 
knock  him  over  ;  and,  if  the  wolf  attempted  to  run  again, 
the  hound  would  overthrow  him  the  second  time.  The 
coyote  soon  found  that  there  was  no  chance  to  escape  by 
flight,  and  would  then  stand  and  snarl,  and  thus  keep 
the  hounds  at  bay.  They  would  circle  around  him,  but 
never  attack  him  with  their  t.^th  until  Old  Bull  came 
up.  In  the  mean  time  that  brave  old  dog  was  advanc- 
ing at  a  slow  and  steady  pace,  and  when  he  arrived  ho 
made  not  the  slightest  stop,  but  laid  hold  of  the  poor 
wolf  despite  his  quick,  sharp,  and  terrible  snaps  ;  then 
the  hounds  pitched  in,  and  the  defenseless  coyote  had 
not  the  slightest  chance  for  his  life,  but  was  strung  out 
full  length  and  speedily  dispatched. 

Next  morning,  after  an  early  breakfast,  mounted  on 
fleet  but  gentle  horses,  Norris  and  inyself  set  out  to  run 
down  the  large  jack-rabbits  then  plentiful  in  that  vicin- 
ity. One  of  these  rabbits  will  weigh  as  much  as  two  or 
three  of  the  cotton-tail  rabbits  of  the  Western  States  ; 
and,  although  their  gait  in  running  seems  to  be  very 
awkward,  they  are  so  swift  that  it  requires  the  fleetest 
greyhound  to  catch  them.  Indeed  it  is  very  doubtful 
whether  any  single  greyhound  could  catch  one  of  these 
rabbits,  as  the  animal  would  dodge  the  dog,  and  thus 
widen  the  distance  between  them. 


<1 

It   l\ 


COURSING  THE  JACK-RABBIT. 


395 


!i. 


urlng  the 
I,  because 

L  extetmi- 
He  said 
,  out  with 
[xe  in  sight 
hey  imme- 
n  the  wolf, 
ist  him  and 
)  run  again, 
lime.    The 
,o  escape  by 
I  thus  keep 
nd  him,  but 
d  Bull  came 
was  advanc- 
e  arrived  ho 
of  the  poor 
snaps ;  then 
3  coyote  had 
IS  strung  out 

,  mounted  on 
5ct  out  to  run 
in  that  vicin- 
uch  as  two  or 
-stern  States  ; 
xs  to  be  very 
es  the  fleetest 
very  doubtful 
_  one  of  these 
dog,  and  thus 


Norris  had  a  smooth,  open,  and  gently  undulating 
stubble-field,  about  a  mile  long  and  three  fourths  of  a 
mile  wide.  Although  the  stubble  had  been  so  closely 
pastured  that  we  could  apparently  see  an  animal  of  that 
size  at  the  distance  of  fifty  yards,  yet  the  rabbit  would 
fold  his  long  ears  to  his  body,  and  then  lie  so  close  to 
the  ground  (which  he  much  resembled  in  color)  that  we 
never  in  a  single  instance  could  see  him  until  he  started 
to  run,  although  often  within  eight  or  ten  yards  of  him. 

The  old  greyhound,  though  about  as  fleet  as  the 
rabbit,  was  not  so  fast  as  either  of  the  other  hounds, 
but  he  was  active,  vigilant,  and  tough,  and  always  started 
the  game,  lie  would  run  hither  and  thither,  searching  in 
every  place,  while  the  two  young  hounds  trotted  along 
at  their  ease  twenty  feet  or  so  behind  him,  never  look- 
ing for  the  rabbit,  but  keeping  their  attention  flxed  on 
the  old  hound.  The  first  thing  we  would  know,  up 
would  start  the  rabbit  not  more  than  eight  or  ten  feet 
ahead  of  the  old  hound,  and  then  the  race  began,  the 
rabbit  and  the  hounds  running  at  the  top  of  their  speed. 
It  was  a  most  exciting  chase.  Gradually  the  slut  would 
overtake  the  other  hounds,  and  Ave  could  see  her  gain 
upon  them  inch  by  inch  until  she  passed  them,  and 
then  as  gradually  gain  upon  the  rabbit.  "When  she  ap- 
proached within  about  four  feet  of  the  rabbit,  her  broth- 
er being  about  a  length  behind  her,  the  animal  would 
suddenly  turn  at  right  angles  to  the  left  or  right,  and 
the  two  foremost  hounds  would  run  over  a  little  before 
they  could  stop,  and,  by  the  time  they  could  turn  and 
start  again,  the  rabbit  would  be  fifteen  or  twenty  feet 
ahead.  But  the  old  hound  was  on  the  watch,  and,  the 
moment  he  saw  the  rabbit  double,  he  would  turn  and 
cut  across,  so  as  to  run  to  a  point  that  would  be  about 

as  close  to  the  rabbit  as  he  was  at  the  start.     In  the 

18 


i  1 


f 


+ 


•I  ^  i 


*  ; 
ft  "^ 


I 


tilt 


>''      '5«f'»f|' 


»   :f 


h    >h 


A  i '  i 


n 


'M%i 


;^ 


I  r^'l  r'l: 


396 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


mean  time  the  two  young  bounds  were  straining  every 
muscle  to  regain  their  lost  position,  and  soon  the  slut 
would  again  be  close  behind  the  rabbit,  when  he  would 
double  the  second  time.  About  the  third  time  the  rab- 
bit doubled,  the  young  hound  would  catch  him.  The 
slut  invariably  caused  the  rabbit  to  double,  but  her 
brother  as  invariably  caught  him. 

The  hounds  would  catch  the  first  rabbit  in  running 
half  a  mile,  and  the  second  one  in  running  a  mile,  and 
the  third  would  outrun  them  and  make  his  escape.  I 
observed  that,  in  running  down  an  incline,  the  hounds 
would  run  comparatively  faster  asid  the  rabbit  more 
slowly ;  but,  in  going  up  an  incline,  the  rabbit  would 
run  correspondingly  faster.  When  the  speed  of  two 
animals  is  the  same  on  level  ground,  the  larger  one  will 
run  faster  than  the  smaller  in  descending  an  incline,  but 
more  slowly  in  ascending. 

In  these  races,  the  only  thing  that  Old  Bull  did  was 
to  come  up  as  soon  as  he  could  after  the  death,  and, 
like  the  lion  in  the  fable,  appropriate  all  the  game  to 
himself.  The  hounds  never  objected,  as  they  knew  his 
power  and  courage  too  well  to  contest  his  pretensions. 

Korris  said  he  had  seen  the  speed  of  his  greyhounds 
conclusively  tested  with  that  of  the  antelope.  On  one  oc- 
casion he  was  out  with  his  horse  and  dogs,  when  he  saw 
a  band  of  some  forty  antelopes  grazing  in  open  woods. 
He  quietly  approached  as  near  as  he  could,  and,  when 
the  antelopes  started  to  run,  he  and  the  hounds  pursued 
them  at  full  speed.  The  attention  of  the  fleeing  ani- 
mals seemed  to  have  been  fixed  on  him,  and  they  mea. 
sured  their  pace  so  as  to  keep  about  a  hundred  yards 
ahead.  In  this  way  the  two  fleetest  hounds  were  per- 
mitted to  approach  within  about  twenty  yards  of  the 
hindmost  antelopes,  the  foremost  ones  being  about  forty 


ing  every 
1  tlie  slut 
te  would 
le  tbe  rab- 
aim.    The 
;,  but  ber 

in  running 
a,  mile,  and 
3  escape.    I 
tbe  bounds 
rabbit  more 
abbit  would 
)eed  of  two 
rger  one  will 
a  incline,  but 

Bull  did  was 
le  death,  and, 
the  game  to 
bey  knew  bis 
pretensions. 
is  greyhounds 
)e.   Ononeoc- 
^,  when  he  saw 
n  open  woods, 
uld,  and,  when 
Lounds  pursued 
be  fleeing  ani- 
and  they  mea- 
hundred  yards 
unds  were  per- 
y  yards  of  the 
;ing  about  forty 


REMOVE  FROM  ALVISO  TO  SAN  JOSfi. 


397 


yards  ahead  of  them.  Then  the  slut  made  a  sudden 
and  tremendous  dash  at  the  nearest  antelopes,  but  they 
let  out  a  few  more  links,  and  were  very  soon  up  with 
the  foremost  ones,  and  they  all  so  increased  their  speed 
as  to  leave  the  slut  far  behind.  They  beat  her  with 
ease,  and  yet  she  was  one  of  the  fleetest  of  her  race. 
The  exquisite  gazelle  of  Africa,  "  the  child  of  the  des- 
ert," and  perhaps  the  fleetest  animal  in  the  world,  as  it 
is  the  most  beautiful,  belongs  to  the  antelope  family. 
There  has  never  been,  so  far  as  I  am  advised,  any  con- 
clusive test  of  the  speed  of  the  gazelle  as  compared  with 
that  of  the  Arab  steed. 

THE   VIGILAITCE    COMMITTEE   OF   1856 — MY   FIRST   VOYAGE 
AT   SEA — INCIDENTS. 

In  the  month  of  March,  1854, 1  returned  to  my  home 
in  Santa  Clara  County.  At  that  time  I  had  a  large  in- 
terest in  the  town  of  Alviso,  situated  at  the  southern 
extremity  of  the  Bay  of  San  Francisco,  where  I  had 
erected  a  large  frame  dwelling-house  in  1850.  This 
building  was  constructed  of  the  best  eastern  pine  lum- 
ber, except  the  frame,  was  two  stories  high,  was  twenty- 
nine  by  forty-eight  feet,  and  contained  ten  or  twelve 
rooms.  I  employed  the  remainder  of  1854  in  removing 
this  house  from  Alviso  to  San  Jose,  about  nine  miles 
distant.  To  remove  it,  we  took  it  all  apart,  piece  by 
piece,  without  injuring  any  of  the  materials,  except  the 
shingles,  and  put  it  together  again,  each  plank  in  its 
proper  place.  I  worked  hard  at  it  myself,  as  did  my 
two  sons,  John  and  Armstead,  then  about  grown.  I 
employed  Stincen,  the  carpenter  of  Sacramento,  whose 
name  has  already  been  mentioned  in  connection  with 
Tom  the  quack.  .   .    ;    . 


I  i 


f 


I 


I       M 


i"  i 


»■      i 


J'. 


,'1 


I.'  -y  i^l 
t 

J'- ''81 


II 

i 


'.  ii'iii 


I  k 


398 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


My  first  residence  in  San  Joso  cost  mo  six  thousand 
dollars,  and  it  was  afterward  sold  for  one  thousand. 
My  second  residence  cost  me  ten  thousand,  and  after- 
ward sold  for  two  thousand.  These  instances  will  indi- 
cate the  shrinkage  in  value  of  real  estate  in  San  Jose. 
It  is  but  justice  to  say  that  the  prices  mentioned  would 
not  at  present  be  a  fair  criterion  of  the  value  of  real 
estate  in  that  city,  which  would  rule  neither  so  high  nor 
so  low  as  the  rates  mentioned. 

During  the  years  1855  and  1850  I  had  no  business 
employment,  having  quit  the  practice  of  my  profession 
early  in  1854,  and  devoted  my  time  to  reading.  In  the 
eai'ly  part  of  August,  1856,  I  was  attacked  for  the  first 
time  with  neuralgia ;  and  from  that  date  until  May, 
18G1,  I  had  at  intervals  a  succession  of  attacks,  so  that 
I  was  sick  two  thirds  of  the  time  during  that  period. 

In  1850  the  Vigilance  Committee  of  San  Francisco 
was  in  full  and  successful  operation.  I  opposed  this  or- 
ganization on  the  ground  of  principle,  as  I  considered  it 
incipient  rebellion  and  a  fatal  precedent.  It  is  very  true 
that  the  good  people  of  fc  .ih  Francisco  had  great  reason 
to  be  dissatisfied  with  the  .d ministration  of  criminal 
justice.  So  many  of  tho  t'len  residents  of  the  city  con- 
sidered themselves  but  sojourners  ;  w^hile  they,  and  many 
who  regarded  themselves  as  permanent  settlers,  were  so 
eager  in  the  pursuit  of  wealth  that  they  could  not  be 
induced  to  serve  on  juries,  that  that  duty  thus  devolved 
upon  those  unworthy  of  the  trust.  The  consequence 
was  that  the  guilty  escaped,  and  crime  continued  un- 
restrained, until  the  situation  became  almost  intolerable. 
I  made  t\"o  most  vigorous  speeches  against  the  Com- 
mittee. Ihese  Avere  my  last  speeches.  It  is  not  my 
purpose  to  go  fully  into  that  exciting  event,  as  it  is  a 
matter  of  Mstory  accessible  to  all. 


Ml 

I 


MY  FIRST  VOYAGE  AT  SEA. 


39^ 


.housand 
bousand. 
id  after- 
will  indi- 
Sau  Jose, 
ed  would 
e  of  real 
>  high  nor 

0  business 
profession 
g.  In  the 
»r  the  first 
antil  May, 
3ks,  so  that 
:  period. 

1  Francisco 
.sed  this  or- 
:)nsidered  it 
is  very  true 
rrcat  reason 
of  criminal 
he  city  con- 
y,  and  many 
ers,  were  so 
■ould  not  be 
MS  devolved 
consequence 
)ntinued  un- 
t  intolerable, 
ist  the  Com- 
Lt  is  not  my 
nt,  as  it  is  a 


In  August  and  September,  t8r)0, 1  made  my  first  sea- 
voyage.  My  son-in-law,  C.  T.  Ryland,  and  myself  left 
San  Francisco,  on  the  20th  of  August,  on  board  the 
steamship  John  L.  Stephens,  for  Panama.  Supposing 
myself  to  be  very  susceptible  to  sea-sickness,  I  dreaded  a 
voyage,  thinking  I  should  suffer  severely.  I  had  been 
suffering  from  a  slight  attack  of  neuralgia  for  some  days, 
and  I  remembered  the  medical  maxim  that  the  human 
system  will  not  ge  icrally  tolerate  more  than  one  disease 
at  the  same  time,  and  that  the  principal  one  will  banish 
all  the  others.  When  the  ship  had  passed  the  heads 
and  was  at  sea,  I  became  sea-sick,  and  I  never  once 
thought  of  the  neuralgia  for  some  days.  But,  as  soon 
as  I  had  entirely  recovered  from  the  sea-sicknes's,  the 
neuralgia  came  limping  back  by  slow  degrees.  My  own 
experience  therefore  proved  the  truth  of  that  medical 
maxim.  On  my  return  from  New  York,  on  board  the 
steamship  bound  to  Aspinwall,  I  became  acquainted  with 
a  most  intelligent  gentleman  who  was  far  gone  with 
consumption,  and  was  on  his  way  to  South  America  in 
the  hope  that  the  change  might  restore  him  to  health. 
"While  most  of  the  passengers  were  sea-sick,  he  was  not 
at  all  affected.  This  fact,  he  sorrowfully  told  me,  ho 
regarded  as  an  indication  of  approaching  death.  From 
the  best  estimate  I  can  make,  after  having  made  three 
trips  between  San  Francisco  and  New  York  by  sea, 
about  seven  per  cent,  of  the  passengers  escape  sea-sick- 
ness entirely,  three  per  cent,  are  sick  the  entire  voyage, 
and  ninety  per  cent,  are  sick  from  one  to  five  days. 

At  Aspinwall  we  went  on  board  the  steamshiiD  George 
Law,  bound  for  New  York.  "VYe  came  by  Havana,  but 
the  yellow  fever  was  then  prevailing  there  to  such  an 
extent  that  our  commander,  Captain  Herndon,  deemed 
it  best  not  to  enter  the  harbor,  but  to  take  in  a  supply 


I 

I 


1 


.  » 


U 


1^     M 


'  ti 


,.   A) 


i'4 


;•' ' 


BI» 


L      i 


I 


i    U     (! 


♦     f 


I 


400 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


of  coal  at  Key  West.  We  left  Key  West  about  two 
hours  before  sunset.  The  weather  was  cairn  and  the 
sky  clear.  The  evening  was  most  lovely,  and  the  chaste 
moonlight  danced  upon  the  waves  of  the  restless  sea. 
Ryland,  myself,  and  a  young  man  named  Twillager, 
occupied  the  same  cabin.  I  slept  in  the  upper,  Ryland 
in  the  middle,  and  Twillager  in  the  lower  berth. 

The  moon  set  that  night  about  10  p.  m.,  and  we  had 
all  been  asleep  some  hours  when,  about  three  o'clock 
A.  M.,  I  was  awakened  by  Ryland's  entering  the  cabin 
door.  He  was  more  wakeful  than  we  were,  had  heard 
some  stir  on  deck,  had  quietly  left  his  berth,  gone  above, 
learned  the  cause,  and  returned.  I  at  once  asked  him 
what  was  the  matter.  He  solemnly  replied,  "  We  are 
aground."  The  ship  had  run  in  too  close  to  the  shore, 
and  had  reached  a  position  upon  a  coral  reef,  on  the 
eastern  coast  of  Florida,  from  which  she  could  not  then 
retreat. 

This  vras  about  the  9th  of  Scjitember,  and  the  equi- 
noctial storm  was  just  before  us.  I  at  once  compre- 
hended the  terrible  situation.  We  had  on  board  about 
one  thousand  passengers.  I  hastily  dressed  myself,  went 
on  deck,  and  took  a  calm  survey  ;  and  I  thought  that  I 
could  discern  through  the  darkness  the  dim  outlines  of 
a  low  bushy  shore  to  our  left.  The  ship  was  beating 
upon  the  reef.  When  a  large  wave  rolled  under  her  she 
rose,  and  when  it  receded  she  came  down  upon  the  rocky 
bottom  with  a  melancholy  thump.  The  human  ear  never 
heard  a  sound  more  terrible  than  that  made  by  a  great 
sliip  thumping  upon  a  rock.  It  is  a  dead,  dull  sound, 
ominous  of  death.  The  ship  struck  at  about  full  tide, 
and  when  the  tide  went  down  she  Avas  as  still  as  a  house 
on  shore. 

After  remaining  on  deck  a  short  time,  I  went  below, 


! 


AGROUND  ON  A  CORAL  REEF. 


401 


bout  two 
L  and  the 
:he  chaste 
stless  sea. 
rwillager, 
sr,  Ryland 
th. 

nd  we  had 
:ee  o'clock 
;  the  cabin 
had  heard 
rone  above, 
asked  hin^ 
[^  «  We  are 
0  the  shore, 
reef,  on  the 
lid  not  then 

id  the'equi- 
ICC  compre- 
board  about 
nyself ,  went 
ought  that  I 
n  outlines  of 
was  beating 
nder  her  she 
)on  the  rocky 
lan  ear  never 
e  by  a  great 
,  dull  sound, 
out  full  tide, 
ill  as  a  house 

went  below, 


and  found  all  the  passengers  up.  No  one  could  sleep  in 
our  situation.  I  never  saw  a  more  solemn  assemblage 
of  people.  Every  one  seemed  to  have  a  clear  percep- 
tion of  our  extremely  critical  situation.  There  were  no 
jests,  no  smiles,  no  witticisms.  Those  who  were  profes- 
sors of  religion  seemed  resigned,  those  who  were  con- 
firmed infidels  seemed  indifferent,  while  dread  sat  upon 
the  countenances  of  those  who  were  halting  between 
two  opinions.  We  were  a  little  world  to  ourselves,  and 
our  little  world  seemed  near  its  end. 

The  darkness  was  so  great  that  nothing  could  be 
done  until  daylight.  When  day  returned,  the  shore  was 
in  plain  view  about  five  miles  distant.  The  water  was 
so  shallow  and  so  clear  that  we  could  sec  the  bottom  of 
the  ocean  as  plainly  as  one  can  see  the  carpet  on  the 
floor.  At  the  distance  of  some  two  miles  to  our  right 
we  could  see  the  deep,  blue  water,  while  around  the 
ship  the  water  was  apparently  green,  owing  to  its  being 
so  shallow.     The  day  was  calm  and  beautiful. 

Captain  Ilerndon  ordered  a  large  portion  of  the  coal 
to  be  thrown  over^o.^^•d,  i>nd  the  passengers  went  to 
work  with  a  will  to  I'^Iiten  the  ship.  There  were  among 
our  passengers  t.''o  ex})erienced  navigators,  who  had  be- 
fore this  been  engaged  in  commanding  whaling- vessels, 
and  were  brave,  hardy,  and  skillful  seamen.  They  gave 
t^eir  utmost  assistance.  Captain  Herndon  was  going 
all  the  time.  I  did  not  uee  him  stop  to  eat  or  drink. 
No  man  could  possibly  have  done  more.  The  two  sea- 
-u-ptains  put  on  cheerful  faces,  went  among  the  lady 
passengers,  and  assured  them  there  was  no  danger  ;  but 
they  would  tell  me  confidentially  that  our  peril  was 
great,  as  we  were  at  the  mercy  of  the  first  gale,  and 
that  the  calm,  beautiful  weather  was  bat  the  prelude  to 
th3  dread  equiuocti.il  storm. 


ifi' 


i 


*   H 


(  . 


(  «* 


'I 
V  '  1 

P4 


I. 


>>  *i 


M 


402 


RECOLLECTIOXS  OF  AN  OLD   PIONEER. 


[yy 


Toward  noon  several  wreckers  came  in  sight,  and 
soon  sailed  all  around  and  close  to  us.  Soon  afterward 
a  large  Spanish  clipper-ship  hove  in  sight,  and,  seeing 
our  signals  of  distress,  came  as  near  to  us  as  it  was  safe 
for  her  to  do.  Captain  Herndon  went  out  in  a  small 
row-boat  to  meet  her,  and  made  arrangements  with  her 
master  to  take  on  board  a  portion  of  our  passengers. 
When  he  returned  he  announced  to  the  passengers  tha»- 
a  certain  number  could  go  aboard  the  clipper,  and  took 
down  the  names  of  those  \vho  were  willing  to  go.  Ry- 
land  and  I  decided  tc  go. 

In  the  mean  time  large  quantities  of  coal  had  been 
thrown  into  the  sea,  a  heavy  anchor  attached  to  an  im- 
mense hawser  had  been  thrown  forward  some  distance, 
and  the  men  were  hauling  upon  it  with  all  the  force 
they  could  apply  to  the  capstan.  The  tide  had  risen  to 
its  full  height,  the  wheels  of  the  sliip  were  put  in  mo- 
tion, and,  just  as  we,  with  our  carpet-bags  in  our  hands, 
were  about  to  descend  into  the  small  boats  to  go  to  the 
clipper,  the  steamship  glided  off  the  reef  as  easily  as  the 
sea-bird  rises  from  the  summit  of  the  wave.  As  already 
stated,  the  ship  had  run  in  too  close  to  the  shore,  and, 
when  its  dim  outlines  had  been  discovered  by  the  man 
on  the  watch,  her  wheels  were  reversed  ;  but,  in  the  at- 
tempt to  regain  the  deep  water,  she  ran  upon  a  bump 
in  the  reef,  and  stuck  fast.  The  water  gradually  de(!p- 
ened  from  the  shore  to  the  blue  water,  as  we  could  read- 
ily perceive  from  the  difference  in  its  apparent  color. 

As  we  slowly  passed  toward  the  anchor,  Captain 
Herndon  ordered  the  liawser  to  be  cut,  which  was 
promptly  done  by  one  of  the  sailors.  It  was  about  three 
o'clock  in  the  afternoon  of  that  beautiful  day,  and  all 
the  passengers  were  on  deck.  Many  cff<  iis  of  tJie  same 
kind  had  been  previously  made  to  haul  vttT  the  pi  rip,  but 


f^ 


CAPTAIN   IIERNDOX. 


403 


11* 


Ight,  and 
ifterward 
id,  seeing 
,  was  safe 
in  a  small 
J  with  her 
assengers. 
nffcrs  thai, 
,  and  took 
)  go.    Ry- 

,1  had  been 
cl  to  an  im- 
le  distance, 
,11  the  force 
lad  risen  to 
!  put  in  mo- 
1  our  hands, 
,0  go  to  the 
easily  as  the 
As  already 
shore,  and, 
by  the  man 
it,  in  the  at- 
pon  a  hump 
dually  deep- 
could  read- 
cut  c()lor. 
Iior,  Captain 
which   was 
about  three 
day,  and  all 
of  tho  same 
:he  ei  M  .  hut 


all  had  failed,  and  when  at  last  we  succeeded  we  were 
utterly  surprised.  The  head  of  the  ship  was  turned  to- 
ward the  deep,  blue  watei*,  and  she  moved  at  a  slow  and 
cautious  rate  toward  it.  We  could  plainly  see  the  bot- 
tom, apparently  gliding  beneath  and  past  the  ship,  as 
we  passed  over  it.  During  this  slow  progress  from  our 
perilous  situation  to  one  of  comparative  safety,  not  a 
word  was  said.  Every  feature  was  sot  and  every  eye 
fixed.  We  did  not  know  how  soon  the  ship  might 
strike  upon  another  bump.  At  last  we  reached  the  deep 
sea,  and  then  such  a  shout  rose  from  our  passengers  as 
I  never  heard  before,  and  never  expect  to  hear  again  in 
this  world.  It  rang  and  rang  again.  One  lady,  the 
wife  of  a  physician,  who  had  borne  the  danger  with  un- 
moved and  heroic  courage,  swooned  with  joy. 

Soon  after  the  shouts  had  ceased,  I  met  Captain 
Ilerndon  on  deck,  when  he  thi'ew  his  arms  around  my 
neck,  wept,  and  said,  "  Governor,  my  heart  was  almost 
»)rokv.;n."  I  remember  him  with  feelings  of  the  most 
U).  ler  regard.  He  Avas  a  noble  man,  and  an  honor  to 
i  i<)  'ace.  One  year  after  that  time,  Avhile  still  in  com- 
1  uid  r>f  the  same  steamship  (thougli  her  name  had  been 
cl...:;i^ed  to  that  of  the  Central  America),  his  vessel  Avent 
down  at  sea  in  an  equinoctial  storm  off  Cape  Ilatteras, 
and  ho  and  most  of  his  passengers  perished. 

The  ship  Avas  so  little  injured  that  in  due  time  avo 
arrived  safely  in  the  port  of  Ncav  York.  Next  morning 
I  read  in  the  daily  papers  an  account  of  the  voyage  and 
•ir'-ival  of  the  George  LaAV,  but  not  one  Avord  was  sai<l 
; :i)out  our  having  been  aground  upon  a  coral  reef  on  the 
coabt  of  Florida. 


I 


I 


i 


I 

If 


iV    .1 


CHAPTER  X. 


PM,i 


APPOINTED   A  JUSTICE   OF    THE    SUPREME   COURT — PAIN- 
FUL   INCIDENT ANTICIPATED     OUR    CIVIL     WAR — MY 

.VIEWS    UPON   THAT   SUBJECT. 

From  New  York  I  went  West  as  far  as  Platte 
County,  Missouri,  visited  the  scenes  and  friends  of  my 
early  days,  and  returned  to  California  about  the  2d  day 
of  December.  I  was  appointed  a  Justice  of  the  Supreme 
Court  of  California  by  Governor  J.  Neely  Johnson,  and 
my  commission  bears  date  January  13, 1857.  This  posi- 
tion I  held  until  my  terra  expired  early  in  October,  1858. 

While  occupying  a  seat  on  the  Supreme  Bench,  a 
remarkable  circumstance  occurred,  which  I  felt  more 
intensely  than  I  can  describe.  My  brother,  Glen  O. 
Burnett  (two  years  younger  than  myself),  then  resided 
in  Oregon.  lie  had  been  an  invalid  for  two  or  three 
years,  and  I  expected  to  hear  of  his  death.  One  day  in 
1857  an  old  acquaintance  of  both  of  us  came  to  me  in 
Sacramento  City,  and  informed  me  that  he  had  just  re- 
ceived a  letter  from  his  father-in-law,  in  which  it  was 
stated  that  m"  brother  died  the  day  previous  to  the  date 
of  the  letter.  As  the  writer  lived  in  Oregon,  only  about 
twelve  miles  from  my  brother,  I  had  not  the  slightest 
doubt  of  the  fact.  About  three  months  had  passed,  and  I 
was  sure  my  brother  was  dead,  when,  one  evening,  after 
I  had  closed  my  judicial  labors  for  the  day,  and  while 
I  was  descending  the  outside  iron  stairs  that  led  from 


ANTICIPATED  OUR  CIVIL  WAR. 


405 


JBT— rAlN- 
WAB — MY 

r  as  Platte 
ends  of  my 
i  the  2a  day 
the  Supreme 
robnson,  and 
This  posi- 
ctober,  1858. 
mc  Bench,  a 
felt  more 
ler,  Glen  O. 
then  resided 
two  or  three 
One  day  in 
vine  to  me  in 
0  had  just  re- 
which  it  was 
us  to  the  date 
m,  only  about 
the  slightest 
passed,  and  I 
evening,  after 
lay,  and  while 
that  led  from 


the  court  chambers  above  to  the  sidewalk,  I  observed 
a  venerable  old  gentleman  standing  below,  evidently 
waiting  for  some  one.  I  could  only  see  the  top  of  bis 
head  and  his  long  gray  hair  as  it  extended  below  his  hat ; 
but  when  I  reached  the  sidewalk,  and  saw  his  face,  I 
found  he  was  my  brother.  My  feelings  can  be  better 
imagined  than  described.  He  was  like  one  risen  from 
the  dead.     How  the  mistake  originated,  I  never  knew. 

I  spent  the  month  of  December,  1859,  and  the  month 
of  January,  and  a  small  portion  of  February,  1860,  in 
the  city  of  New  York.  During  that  time  I  attentively 
read  all  the  most  important  Congressional  debates. 
Early  in  March,  1860,  I  returned  to  California,  and  told 
my  friends  that  there  would  be  civil  war  in  case  the 
Republican  candidate  should  be  elected  President  of 
the  United  States.  No  one  agreed  with  me  in  this 
opinion.  I  thought  that  I  saw,  from  the  tone,  temper, 
and  matter  of  the  speeches  of  the  Southern  members 
and  Senators,  that  they  had  generally  determined  upon 
war  in  the  contingency  mentioned.  It  required  only 
about  one  fourth  of  the  population  of  the  United  States 
to  produce  civil  war.  As  in  such  a  contest  there  can 
practically  exist  only  one  party  in  the  rebellious  division, 
it  required  only  a  decisive  majority  of  the  Southern 
people  to  bring  on  the  war.  The  minority  would  have 
not  only  to  submit,  but  to  aid  and  assist. 

I  was  born  and  reared  in  the  slave  section  of  the 
United  States,  and  most  of  my  relatives  resided  there. 
I  knew  well  the  sincerity  and  courage  of  the  Southern 
people  ;  but  it  was  a  question  of  principle,  and  not  of 
feeling.  The  unity  and  perpetuity  of  this  great  nation 
were  a  cardinal  object  with  me.  I  could  not  fight 
against  the  grand  old  flag.  If  an  intelligent  stranger 
from  another  planet  were  to  visit  this  earth,  and  wore 


i 


,.M 


fi' 


U 


I 


h  if 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 

the  flags  of  all  the  nations  of  this  world  placed  before 
him,  he  would  unhesitatingly  select  the  Stars  and 
Stripes  as  the  most  brilliant  and  magnificent  of  them 
all.  No  one  can  ever  look  upon  that  flag  and  forget  it. 
Besides,  it  is  the  symbol  of  the  first  great  nation  that 
ever  established  political  and  religious  liberty  in  its  full- 
ness and  perfection.  Whatever  defects  may  exist  in 
our  theory  of  government  can  be  corrected,  even  at  the 
expense  of  revolution  ;  bid  the  imity  and  integrity  Oj 
the  nation  can  never  be  destroyed.  The  day  of  weak, 
defenseless  States  has  passed  away  for  ever.  Only 
great  governments  can  succeed,  now  or  hereafter.  If 
our  country  should  err  for  a  time,  and  commit  tem- 
porary injustice,  Ave  must  trust  her  still,  and  patiently 
and  lovingly  wait  for  her  returning  sense  of  justice,  as 
a  dutiful  son  vrould  for  that  of  his  father  or  mother. 
He  who  trusts  the  idtiniate  justice  of  his  country 
will  seldom  be  disappointed. 

During  the  war  I  was  called  upon  publicly  to  ex- 
press my  opinion  in  regard  to  it.  My  answer  was  pub- 
lished at  the  time,  but,  as  usual  with  me,  I  preserved 
no  copy.  As  already  stated,  I  published  a  pamphlet  of 
more  than  one  hundred  printed  pages,  in  which  I  gave 
my  views  in  full.  I  voted  for  Abraham  Lincoln  for  his 
second  term. 


DETEKMIXE  TO  ENGAGE  IN  BANKING — ELECTED  PKESI- 
I>ENT  OF  THE  I'ACIFIC  ACCUMULATION  LOAN  COM- 
PANY— THE  INSTITUTION  PUT  IN  PRACTICAL  OPERA- 
TION  DIFFICULTIES    IN     OUR     WAY CHANGE     THE 

NAME   TO    "pacific    BANK." 

When  I  had  finished  my  work,  "The  Path  which 
led  a  Protestant  Lawyer  to  the  Catholic  Church,"  which 


ENGAGE  IN  B.SNKING. 


407 


ed  before 
stars    and 
,t  of  tbera 
L  forget  it. 
lation  that 
in  its  f  ull- 
ly  exist  in 
even  at  the 
integrity  c. 
ly  of  weak, 
iver.     Only 
jrcaftcr.     If 
loramit  tem- 
nd  patiently 
)t'  justice,  as 
•r  or  mother, 
his   country 

ihlicly  to  ex- 

wer  was  pvih- 

>  I  preserved 

pamphlet  of 

which  I  gave 

;incoln  for  his 


Iected  tresi- 
In   loan   com- 

3TICAL    OVVMS.- 
CllANGE     THE 

lie  Path  which 
Church,"  which 


appeaviid  early  in  1860,  and  the  pamphlet  just  men- 
tioned, which  was  published  in  the  summer  of  1861,  I 
bad  a  period  of  leisure.  I  had  given  up  the  practice  of 
the  law,  and  did  not  intend  to  resume  it.  I  was  not  in 
debt,  and  had  an  income  sufficient  for  a  plain,  decent 
support.  All  my  children  were  married  and  settled  for 
life,  except  my  son  John  M.  Burnett.  For  about  two 
years  I  had  time  to  read,  but  I  could  not  see  how  I 
could  make  my  knowledge  useful.  I  maturely  reflected 
upon  my  condition,  and  came  to  the  conclusion  that,  as 
my  health  had  been  in  a  measure  restored,  it  was  my 
clear  duty  to  make  my  personal  services  useful  in  some 
form.  I  thought  it  the  duty  of  all  persons,  who  arc 
able,  to  work.     It  is  the  proper  condition  of  man. 

]5nt  what  business  to  engage  in  was  the  question.  I 
bad  always  been  unsuccessful  in  mercantile  pursuits, 
and  was  determined  never  to  engage  in  them  again.  I 
was  too  old  to  go  back  to  the  farm.  In  considering  the 
matter  fully,  it  occurred  to  me  that  banking  would  suit 
me  better  than  any  other  occupation.  It  was  an  honest 
business,  in  which  the  temptation  to  do  wrong  was 
really  less  than  in  almost  any  other  secular  pursuit. 
We  had  in  California  a  gold  currency,  and  that  which 
we  lent  was  of  full  quantity,  of  pure  quality,  and  of 
fixed  value.  All  we  asked  of  our  debtors  was  to  return 
to  us  the  same  amount  of  gold  coin  they  had  borrowed, 
with  the  addition  of  the  interest,  which  was  at  the  low- 
est market  rates.  We  did  not  lend  money  (like  some 
individual  money-lenders)  with  the  view  of  ultimately 
becoming  the  owners  of  the  mortgaged  property,  as  no 
bank  would  wish  to  own  real  estate,  except  its  banking- 
house. 

Furthermore,  it  was  not  only  an  honest  business, 
but  one  very  useful  to  all  parties  concerned.    While  the 


4' 
4 


I 


ill 


U' 


if 


Iliirit  B 


iff. 


lir  «  ' 


t 'I  ill 


'sM 


408 


RECOLLECTIONS  OF  AN  OLD  TIONEER. 


income  upon  the  capital  was  only  moderate,  and  not 
speculative  or  exorbitant,  a  sound,  well-conducted  bank 
was  a  most  beneficial  institution  to  the  community  gen- 
erally. A  bank  that  never  fails  affords  a  safe  place  of 
deposit  for  the  money  of  others.  This  is  a  great  con- 
venience and  a  great  benefit  to  the  depositors.  Besides, 
a  good  bank  has  it  in  its  power  to  aid  its  worthy  cus- 
tomers in  various  ways.  The  successful  manager  of  a 
bank  must  necessarily  be  a  first-class  business  man  ; 
must  know  what  kinds  of  business  are  safe,  and  what 
doubtful ;  and  should  supply  his  customers,  not  only 
with  judicious  loans,  but  with  the  soundest  advice. 
Many  a  business  man  is  saved  by  good  counsel.  So 
many  banks  had  failed  in  San  Francisco,  to  the  injury 
of  many  and  the  utter  ruin  of  some  of  their  depositors, 
that  a  good  institution  that  would  be  just  and  yet  firm 
to  all,  I  thought,  would  be  a  great  benefit  to  its  own 
customers,  and,  by  its  successful  example,  to  the  public 
in  general. 

Therefore,  after  calm  and  full  deliberation,  I  came 
to  the  fixed  conclusion  that  I  would  go  into  the  business 
of  banking  when  a  fair  opportunity  should  offer.  I  was 
then,  as  now,  fully  aware  of  the  prejudices  existing  in 
the  minds  of  many  persons  against  the  business.  But  I 
am  one  of  those  independent  men  who  rely  upon  their 
own  judgment  in  regard  to  their  own  business.  I  do  not 
follow  the  opinions  of  others,  unless  they  agree  with 
my  own.     My  business  is  my  affair  and  not  theirs. 

I  had  not  capital  enough  to  engage  in  the  business 
alone,  and  I  could  find  no  one  desirous  of  going  into  it, 
who  could  put  up  the  same  amount  that  I  could.  Being 
determined  not  to  endanger  the  competency  I  had  al- 
ready acquired,  so  far  as  I  could  reasonably  avoid  it, 
I  had  to  bide  my  time. 


,e,  and  not 
uctecl  bank 
aunity  gen- 
ife  place  of 
k  great  con- 
s.    Besides, 
Kvorthy  cus- 
anagcr  of  a 
dness  man  ; 
e,  and  what 
rs,  not  only 
clest   advice, 
counsel.     So 
o  the  injury 
ir  depositors, 
and  yet  firm 
t  to  its  own 
to  the  public 

ition,  I  came 
the  business 
offer.    I  was 
existing  in 
incss.     But  I 
ly  upon  their 
ss.     I  do  not 
Y  agree  with 
t  theirs. 
1  the  business 
Toing  into  it, 
could.    Being 
ncy  I  had  al- 
ibly  avoid  it, 


ELECTED  PRESIDENT  OF  PACIFIC  LOAN  COMPANY.  409 

In  the  spring  of  18G3  I  was  consulted  by  some  of 
the  officers  of  the  "  Pacific  Accumulation  Loan  Com- 
pany "  in  regard  to  the  framing  of  its  by-laws,  and 
gave  my  views  promptly.  I  was  then  residing  in  San 
Jose.  This  institution  had  been  incorporated  early  in 
February,  18G3,  with  a  capital  stock  of  five  millions  of 
dollars,  divided  into  fifty  thousand  shares  of  the  par 
value  of  one  hundred  dollars  each,  and  its  principal 
place  of  business  was  in  the  city  of  San  Francisco.  On 
the  3d  of  June,  18G3,  I  was  notified  by  the  Secretary 
that  I  had  been  chosen  President,  to  fill  the  vacancy 
occasioned  by  the  resignation  of  Mr.  Samuel  Brannan, 
and  came  at  once  to  San  Francisco.  I  found  several 
defects  in  the  charter  and  by-laws,  some  of  which  I  did 
not  approve.  First,  I  did  not  like  the  name.  Second, 
the  capital  was  too  large.  Third,  the  bj'^-laws  provided 
that  the  Board  of  Directors  could  only  demand  pay- 
ments upon  the  stock  subscribed  for  in  monthly  install- 
ments, not  exceeding  two  per  cent.  The  first  thing  was 
to  obtain  subscriptions  for  the  capital  stock,  and  then  it 
would  require  four  years  and  two  months  to  call  in  the 
amount  subscribed.  I  saw  before  me  the  work  of  a 
lifetime  ;  yet,  as  I  had  a  basis  to  stand  upon,  I  deliber- 
ately determined  to  undertake  the  enterprise  of  ulti- 
mately establishing  the  soundest  and  most  reliable  bank 
in  the  city.  I  had  no  special  knowledge  of.  the  busi- 
ness, as  I  had  never  been  trained  in  thisirost  difficult 
of  all  secular  ])ursuits.  Circumstances  had  thrown  me 
into  different  kinds  of  business  during  my  varied  expe- 
rience, but  I  had  made  it  a  general  rule  not  to  engage 
in  more  than  one  business  at  the  same  time,  and  to  de- 
vote my  whole  attention  for  the  time  being  to  the  work 
I  had  in  hand,  and  to  learn  it  as  early  as  possible. 

Books  of  subscription  for  the  capital  stock  of  the 


Hi 


i 

i 


■I' 


e, 


s 


:$4 


»>  ii 


j\ 


410 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


m\ 


m    "I.  ..I 


institution  had  not  been  opened,  and  I  set  to  work  vig- 
orously to  get  the  stock  taken.  Mr.  Brannan,  myself, 
and  some  others  subscribed,  but  I  found  that  most  of 
the  very  men  who  were  the  original  incorporators  either 
refused  to  take  any  stock  or  subscribed  for  mere  nomi- 
nal amounts.  I  labored  hard  at  the  task  for  some  three 
months,  but  my  success  was  not  satisfactory.  About 
the  1st  of  September  I  had  another  attack  of  neural- 
gia, and  returned  to  San  Jose,  believing  that  our  bank- 
ing enterprise  must  fail.  I  had  been  at  home  about  two 
weeks  when  I  received  a  communication  from  the  Sec- 
retary, stating  that  such  arrangements  had  been  made 
as  would  put  the  bank  into  practical  operation  within  a 
few  days. 

Upon  ray  return  to  the  city,  I  was  informed  that 
Mr.  Brannan  had  positively  declared  that  the  enterprise 
must  and  should  succeed,  and  had  largely  increased  his 
subscription.  One  other  gentleman  had  subscribed  for 
one  thousand  shares,  four  others  for  two  hundred  and 
fifty  shares  each,  and  others  for  various  amounts.  I 
also  increased  my  subscription.  We  quietly  but  reso- 
lutely laid  it  up  in  our  hearts  that  the  enterprise  should 
succeed. 

It  is  but  simple  justice  to  Samuel  Brannan  to  state 
that  he  is  the  father  of  the  bank.  Without  his  deter- 
mined action,  it  would  never  have  gone  into  successful 
operation.  lie  was  the  first  man  in  California,  so  far 
as  I  am  informed,  that  spoke  out  in  public  against  the 
introduction  of  slavery  into  this  country.  With  all  his 
faults,  he  has  many  noble  qualities,  and  has  done  much 
for  California. 

When  we  opened  the  bank,  on  the  8th  of  October, 
18G3,  we  had  less  than  twenty  thousand  dollars  capital 
paid  in.     We  had  about  seven  hundred  thousand  dol- 


■ 


work  vig- 
,n,  myself, 
lat  most  of 
itors  either 
tnerc  nomi- 
sorae  three 
i-y.     About 
I  of  neural- 
t  our  bank- 
i  about  two 
)m  the  Sec- 
been  made 
Lon  within  a 

'ormed  that 
le  enterprise 
ncreased  his 
bscribed  for 
tv.udred  and 
amounts.  I 
ly  but  reso- 
■prise  should 

man  to  state 
|ut  his  deter- 
ge successful 
»rnia,  so  far 

against  the 
IWith  all  his 

done  much 

I  of  October, 
)llars  capital 
liousand  dol- 


DIFFICULTIES  IN  OUR  WAY. 


411 


lars  subscribed,  but  it  would  require  fifty  months  to 
call  it  in.  It  was  a  small  beginning,  and  a  long,  slow 
race,  but  we  did  not  flinch  or  falter.  The  most  dur 
able  timber  is  of  slow  growth,  and  the  Aery  best  fruits 
do  not  ripen  first.  Our  oflicers  gave  their  services  with- 
out compensation  for  the  first  fifteen  months.  The  cur- 
rent rate  of  interest  was  then  two  per  cent,  a  mouth. 

About  the  end  of  the  year  18G3  I  found  to  my  sur- 
prise that  all  the  directors  except  myself  were  in  favor 
of  paying  a  dividend  early  in  18G4.  I  wished  to  accu- 
mulate a  surplus  fund,  but  they  outvoted  me,  and  for 
the  time  I  was  compelled  to  submit.  In  18G4  we  paid 
dividends  upon  the  capital  paid  in,  at  the  rate  of  two 
per  cent,  a  month.  In  18G5  they  were  reduced  to  one 
and  a  half  and  one  and  a  quarter,  and  in  18GG  to  one 
and  one  fifteenth  per  cent,  a  month.  Dividends  were 
then  paid  semiannually,  on  the  first  days  of  January 
and  July. 

As  I  had  foreseen,  in  the  summer  and  fall  of  18G6 
the  bank  sustained  losses  to  such  an  extent  as  to  compel 
the  suspension  of  dividends  for  fifteen  months.  When 
we  were  about  to  resume,  I  introduced  a  resolution  that 
the  bank  would  pay  monthly  dividends  at  the  rate  of 
ten  per  cent,  per  annum,  until  the  further  order  of  the 
Board.  I  was  the  only  one  who  voted  for  this  resolu- 
tion. The  dividends  were  put  at  one  per  cent,  a  month, 
payable  monthly.  In  the  summer  of  1871  the  bank 
again  sustained  losses  which  compelled  a  second  suspen- 
sion of  dividends.  The  last  monthly  dividend  Avas  paid 
September  1,  1871. 

In  the  mean  time  we  had  amended  the  by-laws  in 
several  respects,  and,  by  authority  of  a  special  act  of 
the  State  Legislature,  we  changed  the  name  of  the  in- 
stitution to  "  Pacific  Bank,"  its  present  corporate  title. 


il 


t 


j,i,» .. 


f 


412 


RECOLLECTIONS  OF  AN  OLD  TIONEER. 


'{'{' 


I      i 


Later  still  we  reduced  the  capital  stock  to  one  million 
dollars,  United  States  gold  coin,  divided  into  ten  thou- 
sand shiires  of  the  par  value  of  one  hundred  dollars  each. 
The  stock  of  the  bank  never  sold  for  less  than  eighty- 
five  dollars  per  share  for  full-paid  stock,  but  during 
the  suspension  of  dividends  it  ruled  from  eighty-five 
dollars  to  par.  According  to  the  report  in  the  "  Alta 
California,"  the  market  value  of  the  full-paid  stock  of 
the  Bank  of  California  to-day,  September  26,  J878,  is 
^80  bid  and  882  asked  ;  that  of  the  First  National,  $89 
bid  and  $90  asked  ;  that  of  the  National  Gold  Bank, 
$79  bid  and  $80  asked  ;  and  that  of  the  Pacific,  $115 
bid,  and  $116  asked. 

After  the  second  suspension  of  dividends,  Septem- 
ber 1,  1871,  and  before  we  could  resume,  the  majority 
of  the  stock  fell  into  the  hands  of  sound,  safe,  conserva- 
tive men,  who  unaerstood  banking,  and  who  agreed 
with  me  not  to  resume  the  payment  of  dividends  until 
January,  1877.  In  the  mean  time  we  accumulated,  in 
the  space  of  five  years  and  four  months,  a  surjilus  fund 
of  more  than  half  a  million  dollars.  Our  capital  of  one 
million  is  now  full-paid,  and  Ave  have  a  handsome  sur- 
plus. 


WILD    BANKS — SPECULATIVE    CHARACTER    OF    OUR    FEO- 

PLE — INCIDENT. 


I     :  i 


»:■ 


I  think  I  can  safely  say  that  no  sound  bank  was  ever 
established  under  greater  diflicultics  than  the  Pacific. 
I  am  sure  that  I  was  never  engaged  in  any  business  en- 
terprise that  required  so  much  thought,  judgment,  labor, 
firmness,  and  perseverance.  We  had  not  only  to  over- 
come the  great  diflicultics  in  our  charter  and  by-laws, 
and  the  serious  errors  of  our  governing  stockholders, 


WILD  BRINKS. 


413 


le  million 
ten  thou- 
llars  each, 
an  eighty- 
ut  during 
Dighty-five 
the"Alta 
cl  stock  of 
26,  1878,  is 
itional,  |89 
3lold  Bank, 
acific,  $115 

ds,  Septem- 
10  majority 
e,  conscrva- 
wbo  agreed 
idends  until 
imulated,  in 
surplus  fund 
ipital  of  one 
indsome  sur- 


OUR    rEO- 

Ink  was  ever 
I  the  Pacific, 
business  en- 
traent,  labor, 
anly  to  over- 
md  by-laws, 
Ltockholders, 


but  we  had  for  long  years  to  compete  with  the  wildest 
banks,  wielding  immense  amounts  of  capital,  and  enjoy- 
ing almost  unbounded  credit.  I  was  reminded  at  times, 
by  some  of  our  own  directors,  that  the  managers  of  these 
fast  and  flashy  institutions  were  fine  business  men  ;  but  I 
firmly  resisted  such  a  conclusion.  At  an  early  day  I  did 
not  approve  of  their  mode  of  business,  and  then  took  a 
stand,  almost  "  solitary  and  alone,"  that  honest  and  intel- 
ligent time  has  conclusively  shown  to  have  boon  correct. 

About  two  years  after  our  little  bank  (opened  its 
doors  for  business,  one  of  the  leading  capitalists  of  San 
Francisco,  and  one  of  the  original  incorporators  who  re- 
fused to  subscribe  for  any  of  the  stock,  upon  hearing 
some  one  speak  of  the  Pacific  Accumulation  Loan  Com- 
pany, asked,  "Is  that  thing  going  yet?"  About  1873 
I  met  an  officer  of  one  of  the  large  banks  in  the  city, 
then  in  the  full  tide  of  success  (as  was  generally  sup- 
posed), who  twittingly  remarked  to  me,  "  Governor,  the 
signs  upon  your  bank  windows  are  quite  pretentious. 
They  completely  take  us  down."  I  made  no  reply. 
There  was  ample  opportunity  for  "  patience  to  have  her 
perfect  work." 

Before  the  suspension  of  the  largest  banks  in  this 
city,  August  26,  1875,  the  market  value  of  our  stock 
was  less  than  that  of  any  respectable  bank  in  the  city  ; 
but  when  that  event  occurred,  and  the  wild  banks  went 
down  to  the  level  of  their  intrinsic  demerits,  our  stock 
went  up  to  the  head  of  the  list,  except  that  of  one  other 
bank.  The  stock  of  this  void  concern  was  still  quoted 
in  the  public  financial  reports  as  worth  SI 25  a  share, 
when  its  intrinsic  value  was  not  one  cent.  Finally,  how- 
ever, in  the  fall  of  1877,  that  bank  failed,  and  left  the 
stock  of  the  Pacific  Bank  at  the  head  of  the  list. 

But  we  had  not  only  to  overcome  these  great  difli- 


I 

I 


,;4 


ill  -fi 


>♦' 


'I  j 


\- 


t  »■ 


"«'"  l«' 


■m 


m 


414 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


ciilties,  but  to  encounter  others  equally  embarrassing. 
The  people  of  California,  in  proportion  to  numbers, 
have  been,  and  are  yet,  the  most  speculative  in  Amer- 
ica, if  not  in  the  world.  At  least  one  half  of  the  men 
who  came  to  this  country  were  full  of  the  most  eager 
desire  to  make  fortunes.  A  good,  reasonable  compe- 
tency would  not  satisfy  their  magnificent  expectations. 

Speculation  first  ran  wild  in  real  estate,  then  in  wa- 
ter-ditches, and  jr  the  last  fifteen  years  in  mining 
stocks.  In  no  city  on  earth  is  it  so  difficult  to  ascertain 
the  true  financial  condition  of  men  as  in  San  Francisco. 
With  all  due  care,  the  average  losses  of  a  bank  in  this 
city,  taking  a  series  of  ten  years  together,  will  run  from 
two  to  four  per  cent,  per  annum  upon  the  amount  loaned. 
Nothing  but  the  current  high  rate  of  interest  enabled  us 
to  make  a  decent  profit. 

All  must  concede  that  mining  is  one  of  the  leading 
interests  of  this  coast,  and  that  permanent  investments  in 
mines  are  a  legitimate  business,  though  exposed  to  more 
risks  than  most  other  avocations.  The  investor  in  a 
mine  has  two  risks  to  encounter  :  first,  the  character  of 
the  mine  itself  ;  second,  the  character  of  its  manage- 
ment, which  is  the  greater  risk  of  the  two.  If  the  mine 
be  j>oor,  it  can  not  be  made  to  pay  even  by  the  best 
management.  If  it  be  rich,  those  who  practically  con- 
trol its  management  are  very  apt  to  depreciate  the 
market  value  of  the  stock,  by  working  for  a  time  tlio 
poor  ores,  or  by  other  devices,  and  thus  compel  the 
hoard  of  directors  to  levy  and  collect  a  series  of  assess- 
ments. This  process  will  be  continued  until  the  weaker 
stockholders  are  forced  to  sell  their  stock  ;  and  the 
un])rincipled  managers,  through  their  agents,  buy  it  in, 
having  the  certificates  issued  in  the  name  of  some  j)er- 
son  as  trustee. 


SPECULATIVE  CIIARACTKR  OF  OUR  TEOPLE.      415 


javrassing. 
numbers, 
3  in  Ainer- 
Df  tlie  men 
most  eager 
ble  compe- 
pectations. 
then  in  wa- 
in  mining 
to  ascertain 
1  Francisco, 
bank  in  this 
ill  run  from 
ount  loaned, 
t  enabled  us 

the  leading 
vestments  in 
)sed  to  more 
iivestor  in  a 
liMriu'ter  of 
its  maiiage- 
If  the  mine 
by  the  best 
tically  con- 
>reciate   the 
)!•  a  time  the 
compel   the 
es  of  assess- 
the  weaker 
;    and    the 
s,  buy  it  in, 
f  some  per- 


But  investing  in  the  legitimate  business  of  mining 
is  one  thing,  and  speculating  in  raining  stocks  is  another 
and  a  very  different  thing.  The  first  is  useful  and  hon- 
est, because  it  develops  and  adds  to  the  wealth  of  the 
country,  while  the  second  does  not  develop  or  add  to 
its  wealth  or  morals  in  any  form  whatever.  All  tho 
necessaries  and  comforts  of  life  are  the  products  of  la- 
bor and  skill  honestly  applied.  But  the  speculator  and 
gambler  are  leeches  upon  society,  and  the  worst  of  all 
speculators  is  the  speculator  in  mining  stocks.  It  is  the 
most  deplorably  demoralizing  of  all  occupations  digni- 
fied by  the  name  of  business.  It  speedily  corrupts 
crowds  of  people,  and  keeps  them  idle  ever  afterward  ; 
because  the  man  who  has  once  experienced  the  wild  ex- 
citement and  tasted  the  insane  luxury  of  a  successful 
speculation  in  mining  stocks  is,  as  a  general  rule,  for 
ever  totally  unfitted  for  any  useful  occupation.  What 
sound  business  man  would  ever  employ  as  a  clerk  a 
young  man  who  had  been  once  successful  in  mining- 
stock  speculations  ?  What  is  such  a  being  fit  for  dur- 
injj  the  remainder  of  his  life  ?  If  unsuccessful  in  his 
first  effort,  ho  is  peculiarly  fortunate,  for  then  he  may 
be  saved  from  that  worse  than  gambling  pursuit.  But 
it  is  just  about  as  difficult  to  cure  the  once  s  tccessful 
speculator  as  to  reform  the  confirmed  drunks  d. 

For  one  or  two  years  before  the  late  rise  in  the  mar- 
ket value  of  mining  stocks,  crowds  of  men  in  the  prime 
of  life  could  be  seen  standing  on  the  streets  idle.  Their 
listless  faces  and  seedy,  dila})idated  appearance  indicated 
extreme  laziness  and  destitution.  But  since  the  rise  they 
appear  jubilant.  They  are  now  seen  on  the  streets  with 
clean-shaven  faces,  neatly  combed  hair,  new  clothes,  new 
hats,  and  new  boots  nicely  polished.  They  seem  as  much 
revived  as  withered  grass  after  a  }»lenteous  fall  of  rain. 


I 


I 


I 

I 


■I, 


•'    11 


ini 


416 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


j  i  4M 


¥ 


-.\ 


M 


It  is  well  known  to  all  intelligent  men,  who  have 
been  in  business  in  ibh  city  for  any  considerable  time, 
that  mining  speculatoito  will  readily  sacrifice  their  best 
friends,  because  thexj  can.  The  old  adage,  "A  long 
stitch  for  a  friend,"  is  most  applicable  to  thi;*  character 
of  swindling.  When  you  hear  one  of  these  men  say  he 
has  a  confidential  "  point,"  as  it  is  called,  in  regard  to  a 
certain  mine,  you  may  justly  conclude  that  he  has  his 
stock  in  the  hands  of  a  broker  for  sale.  So,  if  you  hear 
a  man  puffing  a  certain  stock,  and  saying  he  would  in- 
vest if  he  only  had  the  money,  you  had  better  conclude 
that  he  is  anxious  to  sell.  The  only  possible  way  in 
which  these  gamblers  in  mining  stocks  can  deceive  a 
sensible  man  is  by  telling  the  truth.  That  would  be 
such  a  singular  case  as  to  deceive  any  fallible  being. 

A  man  who  had  once  been  in  the  habit  of  lending 
on  mining  stocks  as  collateral  told  me  an  incident  with- 
in his  own  knowledge.  He  lent  a  man  a  sum  of  money, 
and  took  from  the  borrower  what  is  called  an  "  iron- 
clad note,"  secured  by  the  pledge  of  a  certain  number 
of  shares  of  a  certain  mining  company.  The  note  was 
payable  one  day  after  date,  and  contained  a  clause 
stipulating  that  the  borrower  should  keep  up  the  mar- 
gin on  the  stock.  If  it  should  depreciate  in  its  market 
value,  the  borrower  was  to  put  up  more  stock,  or  reduce 
the  debt  ])y  a  proportionate  payment  in  money.  In 
this  case  the  stock  was  declining  in  value,  and  the  lender 
was  continually  calling  upon  the  borrower  to  keep  good 
the  margin.  This  the  lender  did  several  times,  and  the 
margin  was  made  good  by  the  borrower  putting  up 
more  stock.  The  lender  urged  the  speculator  to  sell, 
but  he  refused,  insisting  that  the  depression  was  only 
temporary.  IJut  the  stock  still  continued  to  decline, 
and  the  lender  as  continually  callec^  for  more  stock,  and 


SECRET  SrECULATION  IN  STOCKS, 


417 


wbo  have 
ible  time, 
their  best 
"A  long 
character 
aen  say  he 
egard  to  a 
he  has  his 
f  you  hear 
3  would  in- 
3r  conclude 
ble  way  in 
1  deceive  a 
t  would  be 
e  l)eing. 
of  lending 
3ident  with- 
n  of  money, 
d  an  *'  iron- 
;iin  number 
le  note  was 
id   a  clause 
I  up  the  mar- 
its  market 
ik,  or  reduce 
money.      In 
Id  the  lender 
o  keep  good 
lues,  and  the 
putting  up 
lator  to  sell, 
|on  was  only 
to  decline, 
[0  stock,  and 


! 


urged  the  borrower  to  sell,  saying  to  him,  "  I  can  not 
spare  you.  In  case  of  a  speculation  you  would  get  all 
the  profit,  and  you  must  take  all  the  risk.  The  chance 
of  profit  and  the  risk  of  loss  must  go  together." 

The  borrower  at  last  had  no  more  stock  to  put  up, 
and  no  money  to  reduce  the  debt.  He  concluded  to  go 
to  a  large  stock-speculator,  and  ask  his  opinion  about 
the  mine. '  This  stock-sharp  at  once  replied  that  it  was  a 
good  mine,  and  that  the  doj)i  eciation  of  the  stock  in  the 
market  was  a  bear  movement,  and  that  it  would  soon  go 
up  again.  "  But,"  said  the  borrower, "  I  have  borrowed 
money  on  my  stock,  and  I  am  called  upon  by  the  lender 
to  put  up  more  stock,  but  I  can  not  do  it."  "  Well," 
said  the  sharp,  "  I  will  lend  you  the  stock.  How  many 
shares  do  you  lack  ?  "  and,  upon  being  informed  of  the 
number,  he  at  once  lianded  over  to  th<'  .orrowcr  the 
stock  required.  At  that  very  time  this  large  0})erator 
was  selling  out  that  very  stock  as  rapidly  as  he  could. 
He  lent  this  parcel  of  stock  to  keep  it  from  being 
thrown  upon  the  market.  But  the  stock  still  declined, 
and  the  lender  gave  orders  to  his  broker  to  sell  every 
share  that  very  clay.  The  stock  was  sold  accordingly, 
and  by  this  prompt  sale  the  borrower  was  saved  several 
thousand  dollars,  as  the  stock  continued  to  decline  until 
it  went  much  lower. 


MICUCIIANTS    AND   OTHER  BUSINESS  MEN  OFTEN  SECRETLY 

ENGAGE     IN     STOCK  -  SPECULATIONS  ILLUSTRATIVE 

CASES  OF  81'ECULATION — FAILURES  SOMETIMES  FALSE- 
LY ATTRIBUTED   TO    SPECULATION    IN   MINING  STOCKS. 

Men  engaged  in  mercantile  and  other  kinds  of  busi- 
ness in  this  city  are  often  secretly  concerned  in  speculat- 
ing in  mining  stocks.      If  the  firm   has  a  temporary 


! 


t 


i 


■A 


iU  » 


m  i 


*  '.> 


418 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


surplus  of  money,  one  of  the  younger  partners  is  very 
apt  to  propose  to  invest  that  surplus,  and  no  more,  in 
mining  stocks.  Each  speculator  pays  himself  the  vain 
compliment  to  think  that,  by  watching  the  market  care- 
fully, he  can  know  when  to  buy  and  sell  or  that  he  is 
born  to  good  luck.  If  the  firm  should  succeed  in  the 
first  attempt,  then  all  the  partners  become  so  elated  that 
they  can  not  condescend  to  attend  to  the  dull  routine  of 
regular  business,  in  which  there  appears  to  them  nothing 
worthy  of  their  genius  or  enterprise,  the  amount  made 
required  so  little  time  and  labor.  So  they  go  in  deeper 
and  deeper.  When  they  sustain  losses  they  are  plucky, 
and  act  upon  the  sharp's  maxim,  "Seek  your  money 
where  you  lost  it."  They  forget  the  true  and  sober 
maxim,  "Never  be  deceived  twice  in  the  same  way," 
and  never  stop  in  their  wild  career  until  they  arc  forced 
to  do  so  by  utter  insolvency. 

On  the  contrary,  if  a  firm  be  embarrassed  pecuniari- 
ly, then  the  partners  are  tempted  to  engage  in  specula- 
tions in  mining  stocks  as  a  measure  of  relief.  If  suc- 
cessful (as  in  some  rare  cases  may  happen),  they  get 
out  of  their  difliculties  for  a  time,  but  hardly  ever  re- 
main so  permanently. 

These  men  fraudulently  hold  themselves  out  to  the 
business  world  as  otili/  engaged  in  regular  and  useful 
business.  Their  stock  operations  are  profoundly  secret. 
The  certificates  of  stock  are  adroitly  put  in  the  name  of 
some  man  as  trustee,  and  endorsed  by  him  in  blank  on 
the  back,  and  thus  pass  from  hand  to  hand  like  a  note 
endorsed  in  blank  or  a  bond  payable  to  bearer.  You 
may  examine  the  books  of  all  the  numerous  companies 
in  this  city,  and  you  will  never  find  any  stock  standing 
in  the  names  of  these  men.  Not  a  share.  The  first 
thing  known  is  the  failure  of  the  house.     Men  above 


I 


ILLUSTRATIVE  CASES  OF  SPECULATION. 


419 


ia  very 
more,  in 
the  vain 
ket  care- 
lat  he  i8 
d  in  the 
ited  that 
outine  of 
I  nothing 
unt  made 
in  deeper 
•e  plucky, 
ir  money 
;ind  sober 
me  way," 
are  forced 

pecuniari- 
n  specula- 
If  suc- 
they  get 
y  ever  rc- 

)ut  to  the 
ind  useful 
Idly  secret. 
le  name  of 
blank  on 
like  a  note 
irer.     You 
jcompanies 
standing 
The  first 
ken  above 


the  age  of  fifty,  and  who  have  been  sound,  safe,  and 
reasonably  successful  for  years,  occasionally  go  into  this 
wild  gambling,  and  are  ruined.  In  fact,  age  and  ex- 
perience seem  no  sufficient  protection  against  this  in- 
fatuation. Lamentable  cases  often  occur.  Some  are 
ludicrous,  and  some  are  too  serious  to  be  so,  though 
equally  stupid.  Women  arc  often  seen  crying  in  the 
streets,  because  they  have  been  gambling  in  mining 
stocks,  and  have  lost  all. 

Another  difficulty  in  the  way  of  commercial  banking 
in  this  city  was  the  absence  of  good  collaterals.  Very 
few  of  our  business  men  had  invested  in  United  States 
bonds,  because  the  rate  of  interest  was  too  low,  and 
our  State  bonds  had  been  mostly  absorbed  by  the  State 
School  Fund,  while  our  best  county  bonds  had  gone  to 
the  East  and  to  Europe.  The  only  abundant  collaterals 
were  mining  stocks,  and  these  were  not  reliable,  with 
all  the  "iron-clad"  notes  that  could  be  taken.  We 
were,  tlierefore,  compelled  to  lend  on  names,  and  to  a 
large  extent  upon  single  names.  Hence  the  great  losses 
sustained,  and  the  very  moderate  net  profits  realized. 
Besides,  the  amount  of  bank  deposits  in  San  Francisco 
is  much  less  in  proportion  to  bank  capital  than  in  other 
commercial  cities. 

In  illustration,  I  will  mention  a  few  cases. 

A  millionaire  came  from  the  East  to  spend  the  win- 
ter in  California,  and  brought  letters  of  introduction  to 
me.  We  had  many  conversations  about  business,  and  I 
urged  him  not  to  touch  mining  stocks.  But  in  a  month 
or  two  the  yellow  fever  of  speculation  obtained  the 
mastery  over  him.  lie  was  about  sixty  years  of  age, 
and  his  annual  income  was  about  one  hundred  thousand 
dollars.  lie  said  to  me  at  last  that  he  had  concluded  to 
risk  fifty  thousand  dollars  in  mining  stocks,  as  he  dc- 
19 


'a\ 


tl 


w 


it- 


i  A 


420 


RECOLLECTIONS  OF  AX  OLD  TIONEER. 


m .  im 


I  '11 


•'■'I 

If 

Pilt 

1 

1  •^" 

i 

♦iil 

11 1 

*f'  ' 

i 

1  "  '- . 

M 

1m 

ii 

sired  some  excitement,  and  could  readily  stand  the  loss 
of  that  amount.  I  said  no  more  to  him,  but  left  him  to 
himself.  The  next  spring  he  sold  out  his  stocks,  and 
had  made  about  twenty  thousand  dollars  net  profit.  He 
was  much  gratified,  and  no  doubt  thought  himself  more 
than  a  match  for  the  San  Francisco  sharps.  I  had  care- 
fully explained  to  him  the  process  by  which  they  would 
ultimately  catch  him,  but  he  had  not  yet  comprehended 
it.  The  succeeding  fall  ho  again  came  to  spend  the 
winter  in  California,  and  again  went  into  speculations 
in  mining  stocks.  As  he  kept  his  cash  account  with  the 
Pacific  Bank,  I  often  saw  him  ;  but  he  said  nothing  to 
me,  nor  I  to  him,  on  the  subject.  But,  when  he  came  to 
close  out  the  second  spring,  he  wore  an  extremely  long 
face.  I  observed  his  downcast  looks,  and  asked  him  how 
he  was  getting  along.  He  replied,  "  Governor,  I  feel 
very  blue.  I  have  lost  thirty-two  thousand  dollars  in 
mining  stocks."  This  was  a  ludicrous  case,  in  regard  to 
which  I  could  afford  to  laugh  heartily. 

One  of  our  leading  cai:)italists  informed  me  that  on 
one  occasion  he  determined  to  engage  in  speculation  in 
mining  stocks.  He  said  his  practice  was  to  purchase 
when  they  were  highest,  for  fear  they  would  go  higher, 
and  to  sell  when  they  were  lowest,  for  fear  they  would 
go  lower.  He  soon  found  that  he  had  sustained  losses 
to  the  amount  of  more  than  eight  thousand  dollars.  He 
also  said  that  the  most  amusing  feature  in  his  case  was 
the  fact  that  his  losses  occurred  while  he  was  dealing  in 
the  stock  of  a  mine  of  which  he  was  president.  His  ex- 
])ericnce  pi'oved  that  no  man  can  see  beyond  the  point 
of  the  pick. 

A  gentleman  of  my  acquaintance  told  me  that  one 
evening  in  1878  he  was  riding  in  a  street-car  in  this 
city,  and  that  there  sat  opposite  to  him  a  neatly  but 


ILLUSTRATIVE  CASES  OF  SrECULATION. 


421 


d  the  loss 
eft  him  to 
tocks,  and 
profit.    He 
Bself  more 
[  had  care- 
:hey  would 
iprehended 
spend  the 
peculations 
nt  with  the 
nothing  to 
L  he  came  to 
remely  long 
led  him  how 
ernor,  I  feel 
d  dollars  in 
in  regard  to 

me  that  on 
(eculation  in 
to  purchase 
id  go  higher, 
they  would 
Itained  losses 
dollars.    He 
his  case  was 
|as  dealing  in 
3nt.    His  ex- 
id  the  point 

Ime  that  one 
lit-car  in  this 
la  neatly  but 


not  extravagantly  dressed  married  lady,  some  twenty- 
five  years  old.  She  was  evidently  a  woman  of  educa- 
tion. Soon  a  gentleman,  who  appeared  to  be  an  ac- 
quaintance of  herself  and  husband,  entered  the  car,  and 
took  a  seat  beside  her.  She  was  a  loud,  fluent  talker, 
and  at  once  commenced,  and  soon  explained  to  him  their 
present  as  compared  with  their  former  condition.  She 
said  they  had  been  rich,  but  had  lost  all  in  mining 
stocks ;  that  they  had  given  up  their  fine  residence, 
splendid  furniture,  and  magnificent  horses  and  carriage; 
that  they  had  dismissed  their  numerous  servants,  and 
had  taken  a  small,  neat,  but  comfortable  cottage  ;  that 
she  rose  early  and  prepared  breakfast,  then  went  out 
and  taught  a  class  in  music,  returned  and  cooked  dinner 
and  supper  ;  and,  in  fact,  that  she  did  all  her  house- 
work herself,  and  never  was  so  busy  or  more  healthy. 
At  the  end  of  her  narrative  she  paused  for  a  moment, 
and  then  exclaimed,  with  increased  emphasis,  "  Mut  we 
had  a  grand  time  ichile  it  lasted.''^ 

The  same  gentleman  informed  me  that  he  knew  a  mer- 
chant in  one  of  the  interior  cities  of  California  who  was 
a  partner  in  a  most  respectable  mercantile  firm,  which 
for  years  had  done  a  safe,  prosperous,  and  honorable 
business.  This  man  Avas  considered  an  exemplary 
member  of  society  in  his  city,  but  he  became  tired  of 
his  position,  sold  out  hi.:  interest  in  an  excellent  business, 
and  went  into  speculations  in  mining  stocks.  My  in- 
formant said  he  had  not  seen  this  man  for  several  years, 
when  he  met  him  in  the  streets  of  San  Francisco  in 
1878,  and  inquired  how  he  was  progressing.  The  man 
replied,  "  You  know  I  was  at  one  time  worth  one  hun- 
dred and  twenty-five  thousand  dollars  in  cash ;  but  I 
have  lost  it  all.  I  would  not  have  regarded  the  loss  of 
the  money  so  much,  had  I  not  lost  it  on  a  sure  thing.'''' 


i 


..■4 


I 


!  ri 

Hi 

.  1 


il« 


422 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


If' 


The  :iielancholy  truth  was,  the  man  had  not  alone  lost 
his  money,  but  he  had  lost  his  capacity  for  all  useful 
business,  and  also  his  moral  principles.  This  is  one  of 
the  sad  cases. 

On  one  occasion  a  well-dressed  lady  came  to  the 
bank  and  engaged  in  a  long  conversation  with  our 
cashier.  On  passing  through  his  department  several 
times,  I  obsci-ved  the  lady  frequently  weeping.  After 
she  had  left,  I  inquired  of  the  cashier  as  to  the  subject 
of  the  interview.  He  stated  substantially  that  she 
came  to  sell  him  an  elegant  copy  of  Audubon's  "  Birds 
of  America,"  and  had  explained  to  him  the  reasons  for 
offering  it  for  sale.  She  said  that  she  was  then  living 
with  her  second  husband  ;  that  her  first  husband,  Avho 
was  much  older  than  herself,  had  died  and  left  her  a 
fortune  ;  that  her  second  husband  was  of  suitable  age 
for  her  ;  that  she  had  married  him  some  eight  months 
before,  and  soon  after  his  return  from  Europe,  whither 
he  had  gone  to  complete  his  education  ;  that  he  was  a 
finely  educated  gentleman;  that  they  had  been  some 
months  in  San  Francisco  on  a  visit ;  that  they  had  in- 
vested all  her  money  in  mining-stock  speculations,  and 
had  lost  all ;  and  that  they  were  upon  the  verge  of 
actual  want,  and  were  compelled  to  sell  everything  they 
could  spare  to  procure  the  mere  necessaries  of  life.  It 
was  evident  that  her  second  marriage  was  t.  love-match  ; 
and  that,  while  her  second  husband  was  an  accomplished 
gentleman,  he  was  but  a  child  in  business.  This  case 
was  too  sad  to  laugh  at. 

When  I  arrived  in  San  Francisco  in  March,  1849,  I 
found  an  old  settler  residing  here  with  bis  family.  He 
was  a  man  of  means,  and  left  the  city  about  1855,  and 
settled  in  one  of  the  States  east  of  the  Rocky  Moun- 
tains.    About  1873  he  sent  a  telegram  to  his  banker  in 


m^ 


if 


alone  lost 

all  useful 

is  is  one  of 

ime  to  tlie 
I  with  our 
ent  several 
;ng.     After 
the  subject 
y  that   she 
on's  "  Birds 
reasons  for 
then  living 
isband,  who 
a  left  her  a 
suitable  age 
ight  months 
ope,  whither 
I  at  he  was  a 
been  some 
;hey  had  in- 
ilations,  and 
le  verge  of 
•vthhig  they 
*of  life.     It 
love-match ; 
ccomplished 
This  case 

arch,  1849,  I 
family.  He 
lilt  1855,  and 
locky  Moun- 
lis  banker  in 


FAILURES  FALSELY  ATTRIBUTED  TO  SPECULATION.  423 

this  city  to  this  purport  :  "  Buy  mining  stocks  for  me 
when  they  are  lowest,  and  sell  when  they  are  highest." 
He  no  doubt  thought  his  fortune  was  certain,  as  in  his 
opinion  this  process  could  not  fail.  If  his  banker  would 
only  obey  orders,  how  could  there  be  a  failure  ?  But  he 
was  no  doubt  greatly  surprised  when  his  banker  replied 
that  they  could  not  do  that  kind  of  business.  When 
stocks  were  lowest  or  highest,  no  man  could  tell. 

But  I  have  every  reason  to  believe  that  failures  are 
sometimes  falsely  attributed  to  speculations  in  mining 
stocks.  This  pretense  is  resorted  to  in  order  to  swindle 
creditors. 

For  example,  a  firm  composed  of  tAvo  or  more  part- 
ners, finding  business  dull  and  expenses  and  losses  great- 
er than  gains,  deliberately  determine  to  cheat  their  cred- 
itors, and  in  this  way  to  make  a  handsome  profit.  IIow  to 
do  so  successfully,  and  with  the  least  possible  delay  and 
disgrace,  is  the  question  with  them.  Bankruptcy  th«^y 
know  to  be  not  only  a  slow  but  an  uncertain  mode  ;  and, 
to  save  anything,  they  must  hide  their  money,  conimJ'> 
perjury,  and  incur  a  stain  upon  their  business  honor  that 
will  stick  to  them  as  long  as  they  live.  They  therefore 
adopt  the  common  plan  of  compromising  with  their 
creditors.  But  to  do  this  successfully  they  must  make 
out  what  claims  to  be  a  full  and  true  statement  of  their 
assets  and  liabilities,  and  must  be  prepared  to  satisfy 
their  creditors  that  this  statement  is  true.  Perhaps 
only  six  months  before  they  had  made  a  statement  in 
full  to  the  mercantile  agencies,  or  to  some  of  their  cred- 
itors, showing  the  firm  to  have  been  then  in  a,  fair 
condition.  But,  when  they  make  out  a  statement  for  a 
compromise,  showing  so  great  a  difference,  how  are  they 
to  account  for  the  discrepancy  between  the  two  state- 
ments ?    Every  sensible  business  man  will  at  once  see 


fi 


,  t>| 


..I 


IH 


424 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


yi]  < 


'J 


that  such  extraordinary  losses,  if  truly  such,  must  have 
been  produced  by  unusual  causes.  Some  creditor  will 
be  certain  to  ask  this  question  :  "  What  caused  these 
heavy  losses  in  so  short  a  time  ?  "  This  home  question 
must  be  answered  satisfactorily,  or  the  proposition  for  a 
compromise,  upon  the  payment  of  a  fraction  on  the  dol- 
lar, can  not  succeed.  If  they  give  an  explanation,  the 
falsity  of  which  from  its  nature  can  be  shown  by  inves- 
tigation, the  fraudulent  attempt  must  fail.  The  partners, 
fully  comprehending  the  situation,  will  of  course  come 
prepared  to  answer  that  some  one  of  the  firm  had  been 
speculating  in  mining  stocks,  and  had  secretly  used  the 
partnership  name  to  borrow  money,  which  had  been 
lost.  The  moment  this  answer  is  given,  the  creditors 
are  at  fault.  That  region  of  darkness  can  not  be  pene- 
trated. All  possible  inquiries  can  not  expose  the  falsity 
of  the  answer.  His  broker  is  pledged  to  secrecy,  the 
stocks  stand  in  the  name  of  some  one  as  trustee,  the 
certificates  were  endorsed  in  blank,  and  it  is  impossible 
to  trace  him.  The  partners  have  either  agreed  among 
themselves  which  one  of  them  should  bear  the  odium, 
or  have  settled  it  by  lot.  The  creditors  will  naturally 
sympathize  with  the  apparently  innocent  partner  ;  and, 
for  his  sake  and  that  of  his  family,  they  agree  to  the 
proposition.  Having  discharged  one  partner,  they  le- 
gally discharge  the  other.  The  firm,  having  been  thus 
released  from  their  debts  upon  the  payment  of  a  frac- 
tion of  them,  start  anew,  with  a  fine  capital  and  no  lia- 
bilities. 


il! 


TRUE  RULE  AS  TO  CONTRIBUTIONS. 


425 


must  have 
editor  will 
used  these 
le  question 
ution  for  a 
Dn  the  dol- 
nation,  the 
1  by  inves- 
le  partners, 
)urse  come 
1  had  been 
ly  used  the 

had  been 
e  creditors 
ot  be  pene- 

the  falsity 
lecrecy,  the 
:rustee,  the 

impossible 
sed  among 
the  odium, 
naturally 

tner  ;  and, 

•ree  to  the 
they  le- 

been  thus 
of  a  f rac- 

md  no  lia- 


TRUE  KULE  AS  TO  BANK  CONTRIBUTIONS — BANKING  A 
TRYING  BUSINESS — TUB  INFALLIBLE  BANKER — FIVE 
MAIN  POINTS  TO  CONSIDER  IN  MAKING  LOANS — DE- 
VICES  TO    OBTAIN    CREDIT. 

Soon  after  our  little  bank  went  into  practical  opera- 
tion, we  were  called  upon  to  contribute  from  the  cor- 
porate funds  for  various  charitable  purposes.  This  bank, 
being  the  first  incorporated  commercial  institution  in 
this  city,  had  to  take  a  just  stand  upon  this  subject  and 
maintain  it.  Up  to  this  period  all  the  commercial  banks 
in  San  Francisco  were  mere  partnerships,  and  of  course 
could  legally  and  justly  give  away  the  partnership  funds 
by  the  consent  of  all  the  partners.  But  incorporated 
banks  were  placed  in  a  new  and  totally  diiferent  posi- 
tion, though  this  difference  was  not  apparent  for  a  time 
to  those  who  asked  for  contributions.  Our  charter  did 
not  allow  the  ofScers  of  the  bank  to  give  away  the  money 
of  the  stockholders  ;  and,  had  the  officers  done  so,  they 
would  have  been  individually  liable.  Besides,  it  was 
an  unjust  principle  to  ask  the  bank  to  give  in  its  corpo- 
rate capacity,  and  then  go  to  each  stockholder  and  ask 
him  to  give  as  an  individual.  This  would  have  been  a 
double  burden.  Our  stockholders  claimed  the  undoubt- 
ed right  to  bestow  tlieir  charities  upon  such  objects  as 
their  judgment  approved,  and  in  such  amounts  as  they, 
in  their  ov^n  opinion,  could  reasonably  spare. 

It  is  a  wise  and  salutary  feature  in  the  charter  of 
incorporated  banks,  that  no  power  is  conferred  upon 
the  officer?  co  give  away  the  funds  of  the  institution. 
An  individual  banker  or  a  partnership  can  well  do  so, 
as  they  bestow  only  their  own  money,  and  not  that  of 
others.  Most  bank  officers  have  but  a  small  amount  of 
stock  in  the  institution,  and,  if  allowed  to  give  away  its 


«,. 


,1> 


426 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


m- 


means,  could  acquire  a  splendid  reputation  for  generosity 
with  very  little,  if  any,  cost  to  themselves.  The  princi- 
pal officer  would  receive  all  the  praise,  while  the  stock- 
holders would  sustidn  all  the  loss.  lie  would  find  any 
number  of  people  who  would  give  him  unmerited  praise 
for  solid  gold,  without  caring  whose  money  it  was. 

I  soon  saw  what  the  ultimate  result  must  be,  should 
we  act  upon  a  false  theory  ;  and  I  took  the  stand  that, 
as  a  bcmk,  we  would  give  nothing  except  to  celebrate 
the  fourth  of  July,  and  in  some  other  extraordinary 
cases,  approved  by  all.  In  this  position  I  was  sustained 
by  the  stockholders,  Avho  were  people  in  every  condition 
of  life,  and  of  different  political  and  religious  views. 
On  this  point  we  heard  no  complaints  from  the  stock- 
holders. Each  of  us  gave  individually  to  such  objects 
as  he  approved,  and  in  such  amounts  as  he  pleased. 

As  already  stated,  I  had  had  no  special  training  as  a 
banker.  I  possessed,  as  I  thought,  a  fair  amount  of 
general  business  knowledge.  In  my  business  transac- 
tions, I  acted  upon  Lord  Chesterfield's  rule  of  polite- 
ness— "  softness  in  the  manner,  but  firmness  in  the  exe- 
cution "  ;  and  I  found  this  an  admirable  rule  for  a 
banker.  My  fii'st  care  in  my  new  position  was  to  com- 
prehend the  true  situation.  I  had  engaged  in  a  trying 
and  perilous  business,  that  required  for  its  successful 
management  not  only  a  comprehensive  knowledge  of 
business  in  general,  but  a  superior  judgment  of  men — 
the  highest  order  of  business  capacity.  I  was  often 
forcibly  reminded  of  that  profound  couplet  of  Pope  : 

"  Tlie  good  must  merit  God's  peculiar  care ; 
But  who,  but  God,  can  tell  us  who  they  are  ?  " 

I  soon  found  that  a  banker  would  be  called  either  a 
hard  man  or  a  fool.     If  he  lent  the  money  of  the  bank 


jnerosity 
e  princi- 
le  stock- 
find  any 
ed  praise 
was. 

e,  should 
and  tbat, 
celebrate 
lordinary 
sustained 
condition 
us  views, 
he  stock- 
;h  objects 
ased. 

ining  as  a 
^mount  of 

transac- 
of  polite- 

the  exe- 
|ule  for  a 
|s  to  com- 

a  trying 
Successful 
i^ledge  of 
|of  men —  . 

ras  often 

Pope  : 

I?" 

either  a 
I  the  bank 


BANKING   A   TRYING   BU^IXESP. 


427 


carefully  and  successfully,  they  would  call  liim  a  hard 
man,  an  old  fogy,  and  an  old  fossil.  On  the  contrary, 
if  he  lent  the  money  of  the  institution  carelessly,  and 
ultimately  lost  it,  he  would  be  justly  called  a  fool.  lie 
would  be  judged  by  ultimate  results.  A  banker  must 
make  up  his  mind  as  to  which  reputation  he  prefers.  I 
never  do  an  idle  and  vain  thing,  if  I  know  it.  When  I 
undertake  any  business,  I  mean  to  succeed,  if  I  can  do 
so  by  fair  and  just  means  ;  and,  if  I  can  not  attain  suc- 
cess by  such  a  course,  I  quit  the  business. 

A  banker  is  exposed  to  every  jwssible  test,  as  he 
meets  every  class  of  men,  in  all  their  various  conditions 
ara  moods.  If  he  is  avaricious,  they  will  be  very  ajit 
to  overcome  him  with  presents  and  commissions.  If  he 
is  vain  and  has  a  lust  of  praise,  they  will  flatter  him  to 
his  heart's  content.  If  he  is  indolent  and  good-natured, 
they  will  pleasantly  induce  him  to  make  bad  loans.  If 
he  is  too  kind-hearted,  they  will  overcome  his  sympa- 
thies. If  he  is  timid,  they  will  bully  him.  If  he  is  ex- 
cital)le,  they  will  worry  and  confuse  him.  If  he  is  not 
clear-headed,  they  will  out-talk  and  persuade  him.  In 
short,  he  has  to  encounter  cveiy  class  of  men  :  the  good, 
safe  business  man,  with  whom  it  is  a  pleasure  to  deal  ; 
the  partially  insane  and  t.busiv.e  man,  when  pecuniarily 
embarrassed  ;  the  vain,  conceited  man,  who  thinks  he 
knows  it  all,  and  piles  up  his  advice  ;  the  eager,  vision- 
ary, financial  dreamer,  full  of  "hopes  and  schemes"; 
the  bold,  reckless,  and  unprincipled  speculator  ;  the 
cheat,  the  forger,  the  thief.  Each  one  comes  with  his 
speech  prepared  in  advance.  A  banker  will  in  due  time 
find  out  that  the  best  talkers  are  generally  "men  of 
words  and  not  of  deeds."  Tliey  talk  remarkably  well, 
but  do  not  generally  pay.  The  chronic  borrower,  from 
long  practice,  understands  borrowing  as  a  science.     He 


a 


,».. 


►  *i 


k 


im  I,  '1 


i'|f  ^ 


428 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


will  use  very  few  words,  but  will  ask,  in  a  very  simple, 
pleasant  way,  "  Mr,  President,  are  you  discounting  any 
first-class  paper  to-day  ?  "  "  Yes,  sir."  "  I  have  a  note 
of  that  class  to  offer."  Upon  the  note  being  declined, 
he  retires  with  the  same  case  and  grace  with  which  he 
entered. 

A  banker  may  for  a  time  gain  the  reputation  of  pos- 
sessing an  infallible  judgment  of  men,  if  he  will  only 
adopt  the  bold  plan  of  quickly  and  promptly  saying  yos 
or  no  to  all  applications  for  loans.  If  a  good  man  comes 
and  asks  for  a  loan,  and  it  is  instantly  granted,  he,  know- 
ing that  he  is  good,  goes  away,  saying  to  himself,  "  What 
a  splendid  judge  of  human  nature  !  "  If  the  visionary 
comes,  and  as  promptly  obtains  a  loan,  he,  thinking  him- 
fiolf  good,  goes  away  admiring  the  wonderful  instinct  of 
the  banker.  So  of  all  other  classes  of  borrowers  who 
succeed  in  obtaining  loans.  As  all  receive  what  they 
asked  for,  they  are  all  pleased,  and  all  equally  filled 
with  admiration.  TI  good  talkers  among  the  success- 
ful borrowers  Avill  fill  tlie  city  with  their  loud  and  oft- 
repeated  praises  of  tho  ^\onderful  qualifications  of  this 
most  prompt  banker.  Those  he  as  promptly  refuses  are 
men  notoriously  in  bad  credit,  and  they,  too,  admire 
the  banker's  off-hand  s.'igacity  in  understanding  them 
so  quickly.  The  reputation  of  the  banker  lasts  until 
time,  with  its  absolute  veto,  puts  him  down  to  his  proper 
level.  Then  men  begin  to  learn  that  hasty  loans  too 
often  end  in  large  losses. 

In  considering  a  proposed  loan,  there  are  five  main 
points  of  inquiry  : 

1.  Is  the  proposed  borrower  thoroughly  honest  ? 

2.  Has  he  an  adequate  capital  ? 

3.  Is  his  business  a  reasorably  safe  one  ? 
i.  Does  he  man  ic^  it  well  ? 


simple, 
ing  any 
e  a  note 
leclincd, 
^hich  he 

a  of  pos- 
vill  only 
lying  yes 
an  comes 
lie,  knoio- 
F,"What 
visionary 
Jcing  him- 
nslinct  of 
wcrs  who 
diat  they 
ally  fille«^ 
e  success- 
l  and  oft- 
ns  of  this 
lefupes  are 
|(i,  admire 
lug  them 
asts  nntil 
bis  proper 
loans  too 

Itive  main 

jnest  ? 


DEVICES  TO  OBTAIN  CREDIT. 


429 


5.  Is  he  a  good  economist  in  his  living  ? 

All  these  should  concur  to  make  a  loan  a  lair  busi- 
ness risk. 

We  are  often  forced  to  form  a  judgment  of  men 
from  very  trifling  circumstances  ;  but  these  are  keys  to 
the  position.  Men  may  successfully  conceal  their  real 
characters  in  important  matters,  but  will  reveal  them  in 
little  things.  If  a  man  borrows  money,  ai.d  at  the  same 
time  is  found  insuring  his  life  for  the  benefit  of  his 
family,  or  improving  a  homestead,  or  living  above  his 
means,  or  driving  fine  horses,  or  doing  any  other  thing 
incompatible  with  the  condition  of  an  honest  del)tor, 
those  who  lend  him  money  will  be  very  apt  to  receive  a 
notice  to  attend  a  meeting  of  creditors. 

It  is  surprising  how  many  devices  (most  of  them 
old,  !  ut  some  of  them  new)  unprincipled  and  extrava- 
gant men  will  resort  to  in  order  to  obtain  money. 

For  example,  a  speculator  will  purchase  and  pay  for 
a  valuable  and  productive  parcel  of  real  estate,  which 
he  will  never  encumber.  Upon  the  credit  of  this  prop- 
erty, say  worth  fifty  thousand  dollars,  he  will  borrow 
various  sums  from  different  parties,  at  intervals  running 
through  several  years,  always  paying  his  notes  punctu- 
ally. The  lenders  keep  their  own  business  to  them- 
selves, each  one  thinking  the  borrower  owes  nobody 
but  him.  This  process  will  be  continued,  the  sum  total 
of  borrowed  money  increasing  about  in  proportion  to 
the  interest  paid,  until  at  last  he  sells  the  property  for 
cash,  and  his  creditors  find  nothing  whereon  to  levy. 

Another  speculator  sets  out  in  his  early  manhood  to 
speculate  in  produce,  say  cotton  or  grain,  and  he  delib- 
erately adopts  a  theory,  either  originated  by  himself  or 
suggested  to  him  by  some  older  head,  lie  determines 
to  conduct  the  business  as  carefully  as  he  can,  but  upon 


430 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


W  i 


i'  ' 


borrowed  capital  and  at  the  risk  of  others.  If  he  should 
succeed,  he  will  pocket  all  the  profits  ;  if  he  should  fail, 
his  creditors  must  bear  all  the  loss.  He  will  be  liberal 
in  his  charities  and  in  his  contributions  to  public  ob- 
jects, as  his  generosity  costs  hi^n  nothing,  and  he  re- 
ceives great  praise  without  merit.  He  will  be  a  gener- 
ous patron  of  the  fine  arts,  and  be  called  a  man  of  fine 
taste.  In  the  course  of  time  he  suspends,  and  com- 
promises with  his  creditors  at  a  fraction  on  the  dollar, 
giving  them  a  verbal  promise  (not  binding  in  law)  that 
he  will  in  time  pay  every  dollar  of  his  old  debts,  with- 
out interest.  At  this,  his  first  suspension,  we  will  as- 
sume for  the  sake  of  illustration  that  his  total  assets 
amount  to  five  hundred  thousand  dollars,  and  his  lia- 
bilities to  the  same  amount,  which  he  discharges  with 
two  hundred  and  fifty  thousand,  thus  netting  that  sura 
by  the  compromise.  He  now  has  a  handsome  capital, 
and  commences  business  again,  and  for  a  time  he  suc- 
ceeds well.  He  now  borrows  still  more  largely,  and  ont 
of  this  borrowed  money  he  pays  his  old  debts  in  install- 
ments. His  old  creditors  are  full  of  gratitude,  and  are 
loud  ill  sounding  his  praises  on  all  sides.  At  the  pay- 
ment of  each  installment  of  his  old  indebtedness,  his 
credit  grows  better,  until,  when  all  are  paid,  it  rises  to 
its  summit,  and  he  uses  it  as  fully  as  possible. 

In  the  mean  time  he  marries  and  rears  a  family  in 
splendor  and  in  the  enjoyment  of  all  the  luxuries  of  the 
world.  In  the  course  of  time,  however,  he  overreaches 
himself  in  his  expenses  and  speculations,  and  suspends  a 
second  time,  calls  his  creditors  together  again,  and  pro- 
poses another  compromise  upon  the  old  basis.  He  as- 
sures them  that  he  will  pay  every  dollar  in  the  future, 
as  he  did  in  the  past,  if  they  will  only  discharge  him. 
His  creditors  remember  well  his  former  noble  act,  as 


SOUND  VIEWS. 


431 


should 
xld  fail, 

liberal 
blic  ob- 
.  lie  re- 
1  gener- 
i  of  fine 
id  com- 
e  dollar, 
iw)  that 
ts,  with- 

will  as- 
\\  assets 

bis  lia- 
ges  with 
bat  sum 
I  capital, 
!  he  suc- 
,  and  out 
n  inatall- 

and  are 
|tbe  pay- 
bis 


11  CSS 


rises  to 

amily  in 
les  of  the 
rreacbcs 
[spends  a 
ind  pro- 
He  as- 
luture, 
l-gc  him. 
act,  as 


they  consider  it,  and  easily  agree  to  release  him  upon  the 
terms  proposed.  In  the  second  suspension  he  makes  a 
much  larger  profit  than  in  the  first.  He  starts  again  with 
increased  capital  to  run  the  same  career.  But  at  his 
death  it  will  be  found  that  his  life  had  been  insured  to 
a  large  amount  for  the  benefit  of  his  family,  not  of  his 
creditors,  although  their  money  paid  the  premiums  upon 
the  policies.  His  friends,  who  are  generally  the  best  of 
talkers,  will  attribute  his  'osses  to  the  nature  of  his  busi- 
ness, and  not  to  his  extravagance.  They  never  seem  to 
understand  the  fact  that  extravagant  family  expenses, 
continued  for  a  series  of  years  together,  will  ruin  any 
business,  as  a  general  rule.  Had  he  lived  in  a  decent 
and  honorable  simplicity,  as  all  men  should  who  owe 
others,  then  he  could  have  paid  his  debts  with  ease. 

Whenever  any  man  lives  extravagantly,  and  at  the 
same  time  owes  any  considerable  amount  of  money,  his 
credit  in  bank  should  be  very  low,  whatever  may  be  his 
apparent  wealth.  No  loans  should  be  made  him  ex- 
cept upon  unquestionable  security.  A  man  that  owes 
nothing  has  the  right  to  live  in  splendor  ;  but,  when  a 
man  has  to  borrow  money  to  pay  family  expenses,  his 
condition  is  bad,  and  his  credit  should  be  so  too. 

I  have  lately  seen  a  letter  from  a  man  twenty-four 
years  old,  who  is  a  student  at  college,  to  his  father, 
from  which  I  am  permitted  to  take  the  following  ex- 
tract :  "  77ie  momciH  a  man  spends  too  mnch  on  him- 
self, he  is  to  he  watched.  Now,  I  mean  whether  his  in- 
come is  one  hundred  dollars  a  year  or  five  hundred  dol- 
lars a  year.  This  rule  applies  whether  he  has  or  has 
not  vices,  is  or  is  not  honest,  a  Christian  or  not  one. 
You  must  not  understand  me  as  meaning  the  old  prov- 
erb. If  a  man  spends  more  than  he  earns,  he  will  wind 
up  in  the  poor-house  or  penitentiary.      He  may  save 


{„ 


i.i 


11 1 'T, 

mil 


432 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


three  fourths  of  what  he  earns  ;  that  does  not  make 
much  difference  with  my  rule.  I  mean,  if  he  indulges 
himself  in  any  way,  say  by  overeating,  studying,  stay- 
ing up  of  nights,  or  excesses  of  any  kind." 

There  is  a  depth  of  sound  practical  judgment  shown 
in  this  extract,  which  is  remarkable  as  coming  from  one 
so  young  and  inexperienced. 

Natural  and  reasonable  wants  are  few  and  limited, 
while  artificial  and  unreasonable  wants  are  many  and 
unlimited.  When,  therefore,  a  man  begins  to  expend 
money  to  gratify  these  wants,  he  starts  upon  a  danger- 
ous and  downv,  ard  path  ;  and,  whatever  may  be  his  in- 
come to-day,  he  may,  and  very  probably  will,  soon  ex- 
ceed it.  The  banker  can  not  rely  upon  the  discretion 
of  such  a  borrower.  He  may  confine  his  expenditures 
within  his  income  for  a  short  time  ;  but  his  want  of 
judgment,  his  extreme  selfishness,  and  his  insatiable 
desire  to  gi'atify  whimsical  and  inordinate  Mants,  will 
be  very  apt  to  cause  his  ruin  sooner  or  later,  and  no  one 
can  tell  when  this  may  occur. 

And  I  lay  down  this  rule  as  yencralhj  true  :  If  a  man 
once  goes  through  insolvency  or  bankruptcy,  or  com- 
promises with  his  creditors,  or  indulges  in  unreasonable 
expenses,  he  is  unworthy  of  credit.  I  say  gcncrall>/ 
true,  as  there  may  be  about  one  exception  in  ten  cases. 

A  (JOOD  BANKER  MAY  OFTEN  SAVE  UIH  ClSTOMEnS  FROM 
LOSSES  AGAINST  THEIR  WILL — INCIDENTS  OF  THE  SUS- 
PENSION OF  CERTAIN  BANKS  IN  1876 — DIFFICULTY  OF 
OIITAINING    FAITHFUF-    EMPLOYEES. 

Sometimes  the  greatest  good  a  sound  banker  can  do 
his  customers,  and  the  one  for  which  ho  receives  at  the 
time  the  fewest  thanks  and  the  most  censure,  is  to  check 


1 


CUSTOMERS  SAVED  AGAINST  THEIR  WILLS.       433 


their  extreme  eagerness  to  grow  rich  quickly.  Impa- 
tience ruins  multitudes  of  business  men.  In  their  great 
anxiety  to  advance  rapidly,  and  to  rival  older  business 
houses,  they  are  tempted  to  go  too  far.  This  is  gen- 
erally the  error  of  young  men,  and  especially  of  those 
who  succeed  their  fathers  in  business.  The  ambitious, 
bold,  and  inexperienced  youngster  is  easily  flattered,  and 
thinks  be  can  excel  his  father.  He  is  very  apt  to  think 
the  sum  left  him  inexhaustible,  and  his  credit  unbound- 
ed ;  while  every  competent  banker  knows  that  most 
young  men  in  our  country,  who  inherit  fortunes  from 
their  parents  or  others,  go  to  ruin.  If  a  firm,  for  ex- 
ample, be  Smith's  Sons,  a  judicious  banker  will  be  very 
apt  to  decline  their  paper,  though  they  be  rich  when  it 
is  made.  It  is,  as  a  general  rule,  only  a  question  of 
time  when  the  firm  will  fail. 

Other  young  business  men,  who  have  had  no  fortune 
left  them,  will  be  very  anxious  to  make  a  fortune  speed- 
ily, so  that  they  can  enjoy  it  before  they  become  old. 
When  they  come  to  their  banker  with  paper  for  dis- 
count, these  ardent  customers  are  nearly  always  certain 
to  consider  their  paper  first-class,  and  are  much  sur- 
prised, and  often  offended,  because  the  paper  is  de- 
clined. If  they  are  about  to  enter  into  some  outside 
enterprise,  or  make  a  purchase  in  their  proper  line  of 
business,  but  much  too  large  for  their  ca})ital,  they  see 
(he  great  anticipated  profits,  while  the  sound,  conserva- 
tive banker  can  only  see  probable  losses.  lie  therefore 
refuses  to  lend  them  the  money,  much  to  their  disap- 
pointment ;  but  he  saves  them  from  ruin  against  their 
will  and  their  most  persistent  importunities. 

About  a  month  and  a  half  before  the  suspension  of 
certain  large  banks  in  this  city  in  August,  1875,  a  cus- 
tomer of  ours  rushed  into  our  bank  one  day,  and  said  to 


fl 


434 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


iv- 


r  i'- 


me,  "  I  wish  to  borrow  twenty-five  thousand  dollars  for 
sixty  days,  and  I  have  first-class  collaterals  to  give." 
I  quietly  asked  him  to  let  me  see  his  collaterals,  and 
they  proved  to  be  one  hundred  shares  of  the  stock  of  a 
certain  bank,  and  the  same  number  of  shares  of  the 
stock  of  a  certain  other  bank.  After  listening  to  him 
about  twentv  minutes,  I  declined  the  loan.  He  was  a 
splendid  talker,  and  argued  his  case  remarkably  well. 
When  he  found  he  coidd  not  obtain  the  loan,  he  said  he 
Avould  go  and  sell  every  share  of  the  stock,  which  he 
did  promptly,  at  about  one  hundred  and  twenty-five  dol- 
lars a  share.  When  these  banks  and  one  other  suspend- 
ed, he  was  not  in  the  city,  but  returned  in  a  few  days 
in  the  best  possible  humor.  I  had  saved  him,  against 
his  will,  between  fifteen  and  sixteen  thousand  dollars. 

Another  service  a  banker  may  do  his  customers,  es- 
pecially young  business  men,  is  to  require  them  to  pay 
their  notes  punctually  at  maturity.  This  practice  keeps 
them  active,  vigilant,  and  firm  in  making  collections 
from  their  own  customers.  If  unduly  indulged  them- 
selves by  their  bankers,  they  in  turn  become  too  indul- 
gent, and  ultimate  ruin  is  the  legitimate  result. 

I  remember  a  case  wherein  I  erred  myself,  to  the 
injury  of  our  customer  as  well  as  our  o^vm,  by  being  too 
indulgent.  He  kept  a  good  balance  in  the  bank,  and 
we  had  loaned  liim,  upon  his  own  name,  the  sum  of  four 
thousand  dollars.  He  was  a  man  of  mature  age,  steady 
habits,  good  character,  and  fair  capital.  The  loan  ran 
on  for  several  years,  and  was  renewed  from  time  to  time, 
the  interest  being  always  punctually  paid.  Finally,  this 
Htaid,  industrious  old  gentleman  Avenc  into  speculations 
in  mining  stocks,  and,  as  usual,  lost  all.  The  first  I 
knew  of  his  failure  was  from  his  own  melancholy  letter 
informing  me  of  the  fact.     I  sent  for  him,  and  we  had 


lars  for 

give, 
lis,  and 
ck  of  a 

of  the 

to  him 
e  was  a 
ly  well. 

said  he 
hich  he 
live  dol- 
luspend- 
cw  days 

against 
allars. 
ncrs,  cs- 
Q.  to  pay 
ce  keeps 
Uections 
d  them- 
»o  indul- 

f,  to  the 
:nng  too 
ink,  and 
of  four 
[,  steady 
loan  ran 
I  to  time, 
illy,  this 
lulations 
first  I 
[y  letter 
we  had 


INCIDENTS  OF  BANK  SUSPENSIONS  IN   1875.       435 

«  free  conference,  in  the  course  of  which  he  said,  "I 
wish  to  God  you  had  called  upon  me  to  pay  that  note. 
I  could  have  paid  it  any  day,  and  there  would  have  been 
that  much  saved." 

When  the  run  on  the  banks  occurred  in  1875,  we 
knew  nothing  of  it  until  it  commenced.  We  were  then 
told  that  there  was  a  run  on  a  certain  bank,  and  in  half 
an  hour  afterward  that  bank  closed  its  doors.  In  a 
panic  the  crowd  of  depositors  seem  to  have  an  infallible 
instinct.  They  will  be  certain  to  first  run  on  the  weak- 
est bank,  and  then  on  others  in  proportion  to  their  want 
of  strength.  This  run  on  the  banks  conclusively  proved 
the  truth  and  reason  of  the  Scripture  command,  "  Be  ye 
always  ready." 

We  at  once  stopped  all  loans,  and  required  those 
who  were  not  depositors  with  the  bank  to  pay  their 
notes  as  they  fell  due  ;  otherwise  they  would  go  to  pro- 
test. We  were  compelled,  for  our  own  protection,  to 
adopt  and  inflexibly  enforce  this  peremptory  rule.  They 
urged  us  to  permit  the  endorsers  to  waive  demand  and 
protest.  I  saw  that,  if  we  did  this  in  one  case,  wc  must 
in  many,  and  would  thus  be  compelled  to  carry  the  cus- 
tomers of  other  banks  through  the  crisis.  I  said,  "  Pay 
or  be  protested.  The  rule  is  as  inflexible  as  the  laws 
of  the  Medes  and  Persians." 

One  man  had  two  notes  falling  due  on  the  same  day, 
and  he  urged  me  to  let  them  go  over,  upon  a  waiver  of 
demand  and  protest,  as  he  could  not  possibly  pay  them 
when  due.  I  said,  "You  must  pay  or  be  protested." 
He  urged  and  urged  again  and  again  ;  and  about  half 
an  hour  before  the  bank  closed  for  the  day  he  went  out, 
declaring  the  notes  must  go  to  protest.  But  about  fif- 
teen minutes  later  he  came  into  my  oflice,  flaunting  the 
notes  in  my  face,  and  saying  he  wanted  to  quarrel  with 


•    n 


r 


436 


RECOLLECTIOXS  OF  AN  OLD  PIONEER. 


im 


i  iif 


l>  I 


I 


P  m 


me.  I  told  liira  to  sit  down  and  I  would  hear  him.  lie 
complained  and  grumbled  about  my  harshness,  and  said 
I  had  hurt  his  feelings.  After  he  had  finished,  I  said  to 
him  quietly  and  good-humoredly  :  "  I  have  my  money 
now,  and  I  think  I  can  stand  your  grumbling."  At  this 
he  laughed  heartily,  and  went  away.  A  day  or  two 
afterward  I  mentioned  the  circumstance  to  the  endorser 
of  the  notes,  and  he  at  once  said,  "  Why,  he  had  already 
provided  for  those  notes."  The  truth  was,  the  maker 
had  other  notes  falling  due  within  a  few  days,  and  was 
not  certain  that  he  covild  meet  them  unless  he  could 
induce  us  to  permit  these  two  notes  to  pass  without 
protest.  If  he  could  only  postpone  the  payment  of 
these  two  notes,  he  would  have  ample  means  to  pay  the 
others. 

In  many  cu«js  I  was  very  sorry  for  the  parties  whose 
notes  we  were  compelled  to  protest.  I  remember  the 
case  of  a  most  admirable  man,  whose  hair  was  gray, 
and  who  was  evidently  a  gentleman  in  every  sense  of 
the  term.  I  had  never  seen  him  before,  because  he  had 
never  before  asked  indulgence  on  a  note  of  his.  He 
assured  me  that  his  note  had  never  gone  to  protest  in  a 
single  case  ;  and  it  was  so  hard,  at  this  period  of  his 
life,  to  have  his  note  protested.  He  exhibited  the  truest 
financial  feeling  and  honor,  and  told  me  that  he  would 
pay  the  note  within  two  days  if  I  would  permit  the 
endorser  to  waive.  I  assured  him  of  my  kindest  feel- 
ing toward  him,  and  of  my  fullest  confidence  in  his 
good  faith  ;  but  the  rule  of  the  bank  was  inflexible  and 
must  be  carried  out.  He  went  away  sorrowful,  and 
left  me  so.  I  knew  he  was  a  true  man.  The  note 
went  to  protest,  and  he  paid  it  within  two  days  there- 
after. I  then  said  to  him,  "Do  not  let  this  protest 
give  you  any  pain.     In  such  a  crisis  as  this,  the  notes 


FAITHFUL  EMPLOYEES  HARD  TO  OBTAIN. 


437 


He 

est  in  a 
of  his 
truest 
would 
mit  the 
st  feel- 
in  his 
^le  and 
ul,  and 
note 
s  there- 
protest 
notes 


of  the  best  men  go  to  protest.  Under  all  the  circum- 
stances, your  credit  is  not  impaired  at  all  ;  and,  if  you 
should  want  any  money,  come  to  me  and  I  will  lend  it 
to  you."    lie  went  away  consoled  and  satisfied. 

The  suspension  occurred  on  Thursday,  and  on  the 
Tuesday  following  a  gentleman  of  my  acquaintance, 
v/ho  was  an  officer  of  an  interior  bank,  came  into  my 
office  smiling,  and  inquired  whether  I  thought  any 
money  could  be  boi'rowed  in  San  Francisco  on  United 
States  bonds  as  collateral.  I  laughed,  and  told  him  I 
rather  thought  not.  He  then  informed  me  of  the  fact 
that  his  institution,  five  years  before,  had  purchased 
United  States  bonds  amounting  to  ninety-two  thousand 
dollars,  and  had  held  them  ever  since  for  this  very 
crisis  ;  and  now  they  were  not  worth  anything  for  the 
purpose  intended.  This  city  is  so  distant  from  the 
great  financial  cities  of  the  woi-ld  that  for  some  time 
money  could  not  be  borrowed  upon  any  collaterals 
whatever.  We  wore  offered  a  loan,  secured  by  a  pledge 
of  United  States  bonds,  at  two  per  cent,  a  month,  which 
we  were  compelled  to  decline.  The  only  loans  we 
made  for  three  weeks  were  small  amounts  to  our  good 
depositors,  to  save  them  from  protest. 

One  of  the  greatest  difficulties  in  conducting  a  bank 
is  to  obtain  faithful  and  competent  officers  and  other 
assistants.  This  is  especially  so  in  California,  as  so  few 
young  men  are  natives,  whose  families  are  well  known 
here. 

The  discipline  in  a  bank  must  be  as  rigid  as  that  in 
an  army.  If  an  employee  willfully  and  deliberately 
disobeys  orders,  he  should  be  discharged.  If,  when 
caught  in  making  a  mistake,  he  manifests  no  feeling,  no 
regret,  but  takes  it  coolly  and  indifferently,  it  shows 
that  he  has  deliberately  trained  his  feelings  to  bear  re- 


^i\ 


H 


438 


RECOLLECTIONS  OF  AN  OLD  TIONEER. 


I      i 


HI' 


in 


proof,  and  ho  is  not  to  be  trusted.  If  he  shirks  his 
duty,  and  throws  an  unfair  proportion  of  the  work 
upon  otliors,  he  exhibits  an  unjust  disposition,  and 
should  be  discharged.  If  he  is  late  in  coming  to  the 
bank,  so  as  just  to  save  his  time,  he  had  better  be 
watched.  If  he  is  too  fond  of  display,  and  carries  a 
little  cane  for  show,  you  had  better  conclude, 

"  Little  cano, 
Little  brain; 
Little  work, 
Aiul  big  shirk." 

He  will  spend  too  much  time  on  the  streets  to  show 
himself.  If  he  is  a  fast  young  man  in  any  vxt)/,  he  is 
unworthy.  If  he  expends  all  liis  salary  and  saves  up 
nothing,  as  a  general  rule  he  is  unfit.  It  will  do  him  no 
good  to  increase  his  salary,  because  he  will  be  just  as 
poor  at  the  end  of  the  year  as  he  was  at  the  beginning. 
In  fact,  an  increase  of  compensation  is  a  positive  injury 
to  him,  because  it  increases  his  fast  habits  in  pro- 
portion. 

But  a  young  man  of  good  habits,  pleasant  manners, 
fair  health,  and  good  temper,  who  saves  up  a  portion  of 
his  income,  may  be  safely  trusted.  To  bear  the  con- 
tinual strain  of  good  economy  is  a  clear  proof  of  integ- 
rity, good,  sound,  practical  common  sense,  and  self-con- 
trol. Such  a  man  soon  becomes  independent  in  his 
circumstances,  and  does  not  need  to  steal.  Occasionally 
a  young  man  may  be  found  who  is  competent,  sober, 
economical,  and  industrious,  and  who  will  yet  steal  from 
sheer  avarice  ;  but  such  cases  are  remarkably  rare.  An 
inordinate  love  of  pleasure  is  the  ruin  of  very  many 
young  men  in  our  day.  Extravagance  in  dress  and 
living  is  the  great  besetting  sin  of  the  times,  in  almost 
every  portion  of  the  world. 


» 


EXTREME  WEALTH. 


430 


i 


irks  his 
ic  work 
on,  and 
*  to  the 
etter  bo 
:;arries  a 


EXTREME    WEALTH     NOT    THE     IIAITIEST    COXDITIO' 
LIFE — REASONS   FOR   THIS    CONCLUSION. 


IN 


to  show 
at/,  he  is 
saves  up 
o  him  no 

0  just  as 
eginning. 
ve  injury 

1  in   pro- 

nianners, 
)ortion  of 
the  con- 
of  intcg- 
self -cou- 
nt in  his 
asionally 
nt,  sober, 
teal  from 
Irare.    An 
ry  many 
ress  and 
a  almost 


Since  the  fundamental  change  in  my  religious  views, 
I  have  not  sought  to  accumulate  a  large  fortune,  nor 
desired  to  become  a  millionaire.  I  understood  myself, 
whether  others  understood  me  or  not.  I  do  not  consider 
it  the  happiest  state  of  life.  Far  from  it.  The  poor 
need  money  to  supply  their  wants,  while  the  extremely 
rich  desire  more  wants  to  absorb  their  wealth.  Extreme 
wealth  and  extreme  poverty  are  two  opjiosites,  neither 
of  which  is  at  all  desirable.  "When  a  man  has  reached 
the  point  of  independence,  where  he  is  secure  of  tue 
necessaries  of  life  with  reasonable  effort,  he  is  as  rich  as 
any  one,  if  he  only  knew  it.  There  are  but  three  legiti- 
mate and  just  puri)osea  for  which  a  competency  is  de- 
sirable :  flrst,  the  privilege  of  being  independent ;  sec- 
ond, the  power  to  be  just ;  third,  the  ability  to  be  more 
charitable.  All  beyond  these  purposes  becomes  a  bur- 
den, which  costs  more  than  it  is  worth. 

As  a  general  rule,  it  is  very  difficult  to  acquire  a 
lar(/e  fortune  in  any  honest,  regular,  useful  business, 
without  resorting  to  measures  that  can  not  be  approved 
by  conscientious  men  ;  such,  for  example,  as  monopolies 
of  provisions,  fraudulent  combinations  to  unduly  depress 
or  put  up  the  price  of  stocks,  sharp  tricks  in  starting  or 
spreading  false  rumors,  and  the  many  other  modes  of 
overreaching  one's  neighbor. 

Before  a  man  can  engage  in  these  evil  practices,  he 
must  first  expel  from  his  bosom  all  genuine  love  for  his 
race.  He  must  first  make  his  selfish  thirst  for  wealth 
the  absorbing  passion  of  his  life,  and  to  the  same  extent 
crush  or  smother  every  feeling  of  his  better  nature.  He 
must  first  destroy  his  cajmciti/  for  the  enjoyment  of  the 


4 


^mm 


440 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


purest  and  most  enduring  pleasures  of  life  before  he  can 
hope  to  succeed.  He  begins  with  a  demoralized  nature, 
goes  on  through  life  in  the  same  condition,  "  then  dies 
the  same." 

But,  when  he  attains  his  position  as  millionaire  by 
these  unjust  means,  he  is  not  at  the  summit  of  human 
happiness.  There  are  thousands  of  vexations  in  his 
path.  His  wealth  is  almost  certain  to  be  overestimated 
five  to  one  ;  and,  while  such  a  false  estimate  may  flatter 
his  vanity,  he  is  expected  to  give  in  charity  or  otherwise 
an  amount  in  proportion  to  this  overestimate.  If  he 
fails  to  do  this,  then  he  is  severely  censured  by  his  fel- 
low men  ;  and  if  he  does  comply  with  these  expecta- 
tions he  soon  ceases  to  be  rich.  He  is  forced  by  cir- 
cumstances to  become  to  a  great  extent  an  isolated  being, 
and  must  limit  his  friendships  to  a  very  small  circle.  In 
fact,  he  can  scarcely  know  the  happiness  of  disinterested 
friendship,  or  of  devoted  love  for  his  children.  If  he 
mingles  freely  in  society,  and  is  kind  and  cordial  in  his 
manners,  many  of  those  he  meets  will  seek  to  take  ad- 
vantage of  these  circumstances  to  ask  for  pecuniary 
favors.  Committees  of  both  men  and  women  call  on 
him  for  contributions  for  charitable  and  other  purposes, 
and  will  bring  every  influence  to  bear  upon  him.  If  he 
responds,  the  amount  will  hardly  equal  their  expecta- 
tions, or  secure  their  genuine  respect.  He  can  not  go 
through  the  streets  of  a  city  like  other  men.  If  he  at- 
tempts it,  he  must  dash  along  at  a  rapid  rate,  to  avoid 
importunity  on  the  way.  If  he  gives  or  lends  at  all,  he 
is  beset  so  often  and  so  persistently  that  he  enjoys  no 
privacy  and  no  peace.  If  he  gives  nothing,  then  he  is 
reproached  very  justly.  He  is  compelled  to  go  through 
the  streets  in  his  carnage,  and  to  have  his  regular  oftice- 
hours  for  seeing  people,  and  his  home  in  the  country, 


EXTREME  WEALTH, 


441 


where  he  can  not  be  seen  ;  or  he  must  spend  much  of 
his  time  abroad,  to  escape  the  incessant  importunities 
of  friends  and  relatives,  who  desire  loans  they  are  likely 
never  to  return.  If  he  is  vain,  they  will  flatter  him  to 
any  desirable  extent.  If  he  receives  any  favors,  he  will 
often  be  expected  to  return  about  ten  to  one.  Like  the 
president  of  a  large  bank,  who  received  a  present  of  a 
tine  Durham  calf  from  an  applicant  for  a  large  loan,  he 
is  very  certain  to  become  a  victim  if  he  consents  to  ac- 
cept presents.  In  short,  he  is  forced  to  become  a  being 
unlike  others.  To  his  condition  the  lines  of  Pope  are 
most  applicable  : 

"Painful  preeminence!  yourself  to  view, 
Above  life's  weakness,  and  its  comforts  too." 

But  the  most  deplorable  feature  in  the  condition  of 
a  millionaire,  whose  fortune  has  been  acquired  by  unjust 
means,  is  the  unhappy  effect  it  generally  has  upon  his 
own  descendants,  and  upon  a  large  proportion  of  his 
relatives.  It  is  not  the  jrractical  way  to  found,  but  to 
extirpate,  a  family.  How  few  of  the  children  and  rela- 
tives of  such  men  ever  become  good  and  happy  mem- 
bers of  society  !  This  is  particularly  true  in  our  coun- 
try, where  the  law  of  entail  does  not  exist.  When  a 
rich  American  dies,  his  property  speedily  goes  into  the 
hands  of  his  heirs  or  legatees,  or  into  the  pockets  of  the 
lawyers  ;  and,  in  nine  cases  out  of  ten,  those  who  shavf 
his  estate  become  poor  before  they  die.  It  is  well 
known  that  rich  men  make  the  most  complex  and  silly 
wills  of  any  class  of  people  in  our  country.  His  chil- 
dren are  reared  in  idleness  and  luxury.  They  may  have 
a  fair  classical  education,  but  no  knowledge  of  business 
or  of  economy.  The  father  is  generally  too  busy  and 
too  selfish,  and  the  mother  too  fond  of  travel  and  dis- 


4i2 


RECOLLECTIONS  OF  AN   OLD   PIONEER. 


% 


',>'M 


li::if- 


i^' 


f'.) 


A"  t 


play,  to  teach  the  children  any  practical  ideas  of  the 
serious  business  of  life.  When  the  large  fortune  is 
divided  a:nong  a  number  of  children,  the  portion  that 
falls  to  each  one  is  not  sufficient  long  to  maintain  his 
expensive  habits,  because  he  is  ignorant  of  the  cardinal 
principles  of  practical  business.  Every  true  business 
man  knows  that  it  requires  more  sound  business  knowl- 
edge to  retain  than  to  acquire  property. 

ICven  if  the  parents  use  all  reasonable  measures  prop- 
erly to  rear  and  educate  their  children,  they  will  have  a 
most  difficult  task  to  accomplish.  They  will  find  it  im- 
possible to  conceal  from  their  children  the  fact  that  the 
j)arent8  are  rich  ;  and  it  is  exceedingly  difficult,  when 
they  are  once  in  the  possession  of  this  knowledge,  to 
make  the  young  people  understand  the  absolute  neces- 
sity of  labor  and  economy.  Everywhere  they  go,  they 
hear  people  talk  of  their  father's  wealth,  and  how  he 
ought  to  spend  it,  and  how  his  children  should  enjoy 
life.  These  false  ideas  are  incessantly  inculcated  by 
multitudes  of  people.  The  children  are  naturally  led 
to  conclude  that  the  majority  of  voices  is  right,  rather 
than  the  minority  ;  when  the  truth  is  that,  in  business 
matters,  the  majority  of  people  are  almost  certain  to  be 
in  the  wrong.  Most  of  the  sons,  like  the  great  majority 
of  mankind,  have  no  natural  capacity  for  business  ;  and 
how  can  g  jod  business  men  be  made  of  such  material  ? 

The  result  is,  the  children  half  obey  their  parents 
while  they  must,  but  at  the  same  time  resolve  in  their 
own  minds  to  uhow  their  parents,  in  due  time,  how  to 
enjoy  a  fortune.  Nine  out  of  ten  of  the  children  of 
rich  parents  ultimately  become  poor,  sour,  unhappy, 
and  worthless  members  of  society.  They  generally 
make  bad  matches.  The  reason  is  obvious.  Their  in- 
feriors in  fortune  are  far  more  obsequious,  deferential, 


M 


EXTREME  WEALTH. 


443 


9  of  the 
)rtunc  is 
tion  that 
ntain  his 
cardinal 
hnsiness 
;s  kiiowl- 

iros  prop- 
ill  have  a 
iiul  it  im- 
t  tiiat  the 
ult,  when 
vr ledge,  to 
lite  neces- 
f  go,  they 
d  how  he 
uld  enjoy 
Icated  by 
urally  led 
ht,  rather 
business 
tain  to  he 
majority 
icss ;  and 
.aterial ? 
r  parents 
in  their 
le,  how  to 
liildren  of 
unhappy, 
generally 
Their  in- 
ferential, 


and  attentive  than  their  equals.  Poor  young  men  who 
have  Just  intellect  enough  to  become  well  skilled  in 
the  usages  and  amusements  of  so-'i'.ty,  and  fluent  and 
accomplished  in  the  ordinary  topics  of  fashionable  con- 
versation, will  be  most  apt  to  win  the  affections  of 
young  women  who  have  nothing  else  to  do  but  seek  for 
pleasure.  Rich  young  men  never  see  young  women 
except  in  fashionable  life,  and  become  enamored  with 
(  )me  pretty,  poor,  and  extravagant  bulle,  possessed  of 
more  beauty  than  good  common  sense. 

But  the  effect  upon  the  other  relatives  is  generally 
most  injurious.  If  one  of  a  number  of  brothers  be- 
comes very  rich  (and  especially  if  such  riches  be  ac- 
quired by  improper  means),  then  some  of  them  will 
become  agrarians,  and  urge  a  division.  Some  of  them 
will  be  ambitious  to  rival  the  rich  brother,  and  will 
plunge  into  wild  speculations  and  fail.  One  portion  of 
them  will  refusf'  ^t  do  anything  they  are  competent  to 
do,  and  othern  will  run  wild.  Most  of  them  will  be  ex- 
tremely envioti^  of  the  rich  brother.  When  he  assists 
one,  he  must  aid  all  the  others,  or  they  will  complain 
bitterly  among  the  kin,  and  often  among  strangers.  To 
aid  so  many  in  comparative  idleness  and  wild  specula- 
tions is  a  huge  task.  The  largest  fortune  will  soon  van- 
ish under  such  exorbitant  demands.  Each  one  thinks 
lie  ought  to  live  as  well  as  the  rich  brother ;  an<l  they 
will  do  their  utmost  practically  to  carry  out  their  views. 
If  they  do  not  administer  upon  his  estate  during  his  life, 
they  are  very  apt  to  succeed  after  his  death.  The  ulti- 
mate general  result  will  be,  that  not  one  member  of  the 
family,  remote  or  near,  not  even  the  rich  man  himself, 
will  be  really  and  substantially  benefited  by  his  riolios. 
He  has  only  accumulated  this  large  fortune  for  others 

to  Avaste,  to  their  own  material  injury. 
20 


i 

i 


444 


RECOLLECTIOxVS  OF  AN  OLD  PIONEER. 


M  I 


■*. 


ft      ■nl\) 


'1^ 


It  is  exceedingly  difticult  for  a  rich  man  to  protect 
himself  against  the  countless  devices  of  those  who  seek 
his  wealth.  In  large  commercial  cities  especially,  they 
will  beset  him  with  every  possible  plea.  Many  of  the 
cases  will  be  meritorious,  as  the  world  is  full  of  real 
misery ;  while  many  will  be  false,  as  the  world  is  full 
of  vice.  To  protect  himself  effectually,  the  rich  man 
must  be  armed  with  the  quills  of  the  porcupine,  or  cov- 
ered with  the  hide  of  the  rhinoceros. 

Not  long  since  a  man  came  to  a  rich  old  acquaint- 
ance in  San  Francisco,  and  asked  for  the  loan  of  about 
one  hundred  and  twenty-five  dollars,  to  pay  his  passage 
to  New  York.  He  told  a  most  plausible  story,  and  inti- 
mated very  jjlainly  that  he  would  commit  suicide  in  case 
ho  failed  to  obtain  relief.  The  rich  man  was  deeply 
concerned,  and  came  to  me  for  advice.  It  seemed  as  if 
the  man's  life  would  be  lost  by  his  own  criminal  act  in 
case  he  could  not  obtain  the  sum  desired.  If  the  rich 
man  refused  the  request,  then  ho  might,  to  some  extent, 
be  answerable  for  the  life  of  a  fellow  creature.  If  ho 
advanced  the  money,  he  might  do  so  to  an  unworthy 
man,  and  be  thus  encouraging  vice  by  rewarding  it. 
While  we  were  considering  the  question,  we  ascertained 
that  this  man  had  drawn  from  a  l>ank,  only  two  or  three 
days  before,  about  one  hundred  and  seventy-five  dollars. 
The  recpiost  Avas  refused;  and  within  a  day  or  two  there- 
after the  man  came  into  the  office  of  the  rich  man,  and 
boastfully  showed  him  the  amount  of  money  he  had  ap- 
plied for,  alleging  that  he  had  obtained  it  from  another 
person. 

The  (jcncral  result  is  as  I  have  stated.  Of  cotirse, 
there  are  exceptions  enough  to  prove  the  truth  of  the 
general  rule.  All  the  close  observations  of  a  long  and 
active  life  have  satisfied  me,  beyond  a  doubt,  of  the 


protect 
ho  seek 
ly,  they 
^  of  the 
of  real 
1  is  full 
ich  man 
,  or  cov- 

voquaint- 
of  about 
s  passage 
and  inti- 
le  in  case 
18  deeply 
med  as  if 
nal  act  in 
I  ^Q  rich 
0  extent, 

e.     If  bo 
unvorthy 
vrding  it. 
certainod 
)  or  three 
e  dollars. 
wo  there- 
man,  and 
e  had  ap- 
n  another 

)f    COIU'BC, 

\\\\  of  the 

long  and 

[.t,  of  the 


WIVES  SHOULD  BE  CONSULTED. 


445 


wisdom  and  truth  of  the  sentiment  written  some  thou- 
sands of  years  ago,  and  found  in  the  grand  old  Bible  : 

*'  Give  me  neither  2^overty  nor  ricTiesy 

WIVES  SHOULD  HE  CONSULTEI>  ABOUT  ALL  LMPORTANT 
AFFAIRS — DAUGHTERS  SHOULD  BE  TAUGHT  A  KNOWL- 
EDGE   OF   BUSINESS — CONCLUSION. 

The  late  Colonel  John  Thornton,  then  the  most  dis- 
tinguished man  of  Clay  County,  Missouri,  when  cimsid- 
ering  a  serious  business  i)roposition  I  submitted  to  him 
in  1835,  made  a  remark  to  me  that  at  once  arrested  my 
attention,  and  met  my  hearty  approbation,  it  seemed  to 
me  to  be  so  sensible  and  so  just.  lie  said  :  "  Burnett, 
your  proposition  strikes  me  favorably  ;  but  before  I  de- 
cide upon  it  I  must  go  home  and  consult  my  wife.  It 
is  a  rule  with  me  to  consult  her  upon  all  important  mat- 
ters." 

I  adopted  it  myself,  and  have  only  violated  it  once 
or  twice,  and  was  justly  punished  when  I  did.  I  have 
for  many  years  kept  my  wife  well  informed  of  the  true 
state  of  my  business  affairs  ;  and  wo  both  have  taught 
our  sons  and  daughters  to  understand  business.  She 
and  myself  have  divided  the  labors  and  duties  of  life 
between  us.  For  example,  when  we  came  to  live  in 
San  Francisco  in  1803,  I  said  to  her,  "Wife,  I  have  to 
run  the  bank,  and  you  must  run  the  house."  She  re- 
l)lied,  "All  right.  You  furnish  me  the  money,  and  I 
will  attend  to  the  house." 

As  we  were  well  advanced  in  life,  and  as  we  had  a 
private  residence  in  San  Jose,  and  as  I  could  use  all  my 
little  capital  under  my  own  supervision,  we  decided  to 
occupy  a  rented  house,  and  we  have  been  tenants  ever 


446 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


Hi' 


■ 


hi 


I 


since.  We  both  agree  upon  the  house  to  be  leased,  and 
all  the  bills  for  rent,  fuel,  and  gas  are  paid  by  me.  As 
to  all  other  requirements,  except  my  own  clothes,  she 
purchases  and  pays  for  them.  I  have  about  as  little 
trouble  keeping  house  as  an  ordinary  boarder.  The 
only  things  that  I  have  purchased  for  the  house  since 
we  came  to  the  city  were  a  few  small  articles  during 
her  temporary  absence.  I  never  inquire  what  we  shall 
have  to  eat,  and  never  know  until  I  enter  the  'lining- 
room.  I  follow  St.  Paul's  recommendation  ^^nd  eat 
what  is  set  before  me,  asking  no  questions.  She  pur- 
chases that  which  pleases  her,  and  I  do  the  same  for 
myself.  I  have  not  the  slightest  concern  as  to  how  she 
will  expend  the  money,  knowing  that  she  will  aj)ply  it 
more  judiciously  than  1  could.  I  keep  an  account  of 
all  I  pay  into  her  hands,  as  well  as  of  the  sums  I  expend 
for  my  own  apparel,  so  that  I  may  know  how  my  finances 
are  running.  We  contract  no  debts,  except  for  meats 
fuel,  gas,  and  rent,  and  these  arc  all  paid  at  short  in- 
tervals. 

In  the  course  of  my  long  and  busy  life,  I  have  known 
many  rich  widows,  and  about  three  fourths  of  them 
lost  all  or  most  of  their  estates  for  want  of  business 
knowledge.  Their  parents  and  husbands  taught  them 
nothing  about  business,  and,  when  they  became  wid- 
ows, they,  readily  fell  victims  to  the  wiles  of  others. 
We  men  are  engaged  in  business  all  our  lives,  and  we 
never  learn  too  much  about  it  ;  and  it  is  not  at  all 
surprising  that  women  who  have  never  been  taught 
business,  and  never  had  any  practical  knowledge  of  it, 
should  be  overreached  and  cheated  by  the  numerous 
and  plausible  sharpers  that  are  sure  to  encounter  them. 

I  knew  a  rich  widow,  who  lent  all  the  money  of  the 
estate  in  the  month  of  May  to  a  smooth,  ])loasant,  plans- 


CONCLUSION. 


447 


cd,  and 

\e.    As 

lies,  she 

as  little 

'.     The 

ISO  since 

I  during 

^Q  shall 

5  'lining- 

Mid  cat 

She  pur- 

janic  for 
how  she 
apply  it 

jcount  of 

I  expend 

y  fmanccH 

foT  meats 
short  in- 

0  known 
of  them 
buHinesfi 
ht  thoni 
line  wid- 
r  others, 
and  we 
ot  at   all 
n   tautijht 
Ige  of  it, 
lumerous 
er  thevn. 
ey  of  the 
nt,  plaus- 


ible talker,  Avithout  security,  and  lost  it  of  course.  This 
loan  was  made  contrary  to  the  advice  of  he*  lawyers. 
The  result  was,  that  in  the  month  of  December  follow- 
ing she  was  forced  to  borrow  money,  at  two  per  cent,  a 
month  interest,  with  which  to  pay  the  taxes  upon  the 
proj)erty  of  the  estate.  In  the  linal  result,  the  loss,  in- 
cluding principal  and  interest,  must  have  amounted  to 
some  twenty  thousan<l  dollars.  This  lady  finally  learned 
business  by  sad  experience,  and  saved  the  larger  portion 
of  tlie  estate. 

My  wife  and  myself  have  now  (September  !20,  1H78) 
lived  together  mere  than  fifty  years.  We  have  lived 
happy  lives,  and  I  trust  we  may  die  hapj)y  deaths.  Our 
two  sons  and  tAVO  daughters  are  well  married.  Tie  two 
sons  and  one  daughter  reside  in  this  city,  and  the  other 
daiighter  in  San  Joso  ;  and  we  can  see  all  the  children 
and  grandchildren  within  three  hours.  Our  children 
are  all  that  we  could  reasonably  wish  them  to  be  ;  and 
our  grandchildren,  so  far,  have  given  us  no  pain,  but 
have  been  a  great  source  of  pleasure  to  us  in  our  ol«l 
age.  AV'e  have  been  greatly  l)lest,  for  which  we  can  not 
be  too  thankful  to  our  Heavenly  Father.     Although 

"Time's  dofiicing  waves 
Long  hn\'e  qucnchecl  tlic  radianco  of  our  brows," 

our  affection  f«»r  each  other  is  as  warm  and  devoted  as 
it  ever  was. 

'•  The  lienrt  that  <)n(!0  truly  loves  never  forgets, 
But  us  truly  loves  on  to  the  close; 
As  thf  riuiillower  ii;'n>    tn  her  god  when  lie  sets* 
Tlio  aarae  look  timt  she  tnrn'd  when  he  rose." 

We  have  put  our  house  in  order.  Our  lai^ors  are 
about  ended.     We  kuam  not  the  future  ;  but  we  abide 


RSnVM 


!    t 


448 


RECOLLECTIONS  OF  AN  OLD  PIONEER. 


God'H  holy  will  "witli  faith,  resignation,  and  hope. 
Charles  Carroll  of  Carroilton  said,  iu  his  ninety-sixth 
year,  that  nothing  gave  hira  so  much  satisfaction  as 
the  fact  that  ho  had  regularly  discharged  his  religious 
duties.     It  is  so  with  us. 

"Though  we  aro  living  now,  'twill  soon  be  o'or; 
Adown  the  West 
Life's  sun  is  setting,  and  wc  see  tlio  shore 
Where  wo  shall  rest." 


THE    END. 


American  Authors  and  Artists. 


IfFW  ILLUSTRATED  COOPER. 

Tl\e  Novels  of  J.  Fenimore  Cooper. 

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♦*•  This  edition  of  the  Novels  of  Cooper  is  the  cheapcBt  ever  offored  to  tlio 
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worlc  on  steel  ever  produced  In  America. 

Tixe  Homes  of  America. 

With  103  Illustrations  on  Wood.  Edited  by  Mrs.  Mautha  J. 
Lamb,  author  of  "  The  History  of  the  City  of  New  York."  Quarto. 
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eru  Periods.   It  will  have  a  leading  place  amoug  the  holiday  buolcB  of  the  ueairou. 

Landscape  in  American  Poetry. 

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apart  from  tlioir  strikint;  and  artistic  beauty,  have  agsociotions  that  udd  grcutly 
to  their  value  and  lutcrcst. 

American  Painters. 

Being  Biographical  Sketches  of  Fifty  leading  American  Artists, 
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